Employment and business law bulletin - April 2018

Employer has an obligation during redundancy consultation to consider bumping

If you are unfamiliar with the concept of “bumping employees during redundancy”, read on to discover what it means and why it’s important for employers to consider doing this.
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A new report on the impact of cyber activities on UK businesses

The National Crime Agency (NCA) and the National Cyber Security Centre (NCSC) have jointly authored an annual report on cyber activities in the past 12 months and the impact on businesses. Rather worryingly, the report makes it clear that criminals are launching more online attacks on UK businesses than ever before.
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Employee’s case struck out due to unreasonable conduct

Since the removal of tribunal fees in July 2017, a number of reports have indicated that there has been a marked increase in employment relation disputes progressing to tribunal hearings. Some of these claims may arise from genuine complaints, however, it is inevitable that some of the cases may stem from employees “trying their luck” to see if they can reap profits from weak and ill-founded claims. Where employers find themselves faced with defending against unreasonable claimant’s, there is a technical rule known as “strike out” that can offer help.

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New guidance on competition law considerations in joint ventures

The Competition and Markets Authority (CMA) published a new, short guide for businesses in relation to joint ventures and compliance with competition law. This publication, issued on 12 April 2018, is likely in response to the CMA's December 2017 decision to fine two suppliers of laundry services a total of £1.71 million for agreeing to share the market under the cover of a joint venture agreement. This was in breach of the Chapter I prohibition of the Competition Act 1998.

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Employer’s refusal to pay father enhanced shared parental pay was not discriminatory

In the recent case of Capita Customer Management Ltd v Ali and another, the Employment Appeal Tribunal (EAT) ruled that an earlier tribunal’s decision that the employer had directly discriminated against a male employee, on grounds of sex was wrong. 
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£850,000 fine for H&S failures

On 10 April 2018, HPAS Ltd (trading as Safestyle UK) pleaded guilty to breaching regulation 4(1) of the Work at Height Regulations 2005. The company was fined £850,000 and ordered to pay £1,083 in costs to the Health and Safety Executive (HSE) at Sheffield Magistrates' Court.

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