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Insights

Keep up to date with all that’s happening here at BPE, and read about the latest trends and issues in the law profession.

Employment

Changing Employees' Terms and Conditions

Making beneficial changes to an employee’s contract such as a pay rise or extra holiday entitlement will rarely be contested, but the case is often very different when any changes are perceived as detrimental. So what changes can employers legally make to their employee’s contracts? In this article employment Solicitor Chris Aldridge reviews the current position regarding contractual variation and highlights some recent cases on the topic.

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Employment

Delaying resignation due to long-term sickness can be fatal to a constructive dismissal claim

In this employer friendly decision, the EAT has held that a Tribunal was right to reject a claimant's argument that she was too ill to resign while on long-term sickness absence and conclude that she had affirmed her contract. The EAT held that the claimant’s actions in accepting sick pay, claiming permanent health insurance, attending return to work meetings, and delaying her resignation by 18 months following the fundamental breach complained of, had shown an intention to treat the employment relationship as continuing and not as being irrevocably broken.

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Employment

Whistleblowing – What is the Public Interest Test?

Whistleblowing is rarely out of the news these days with front pages of national newspapers awash with allegations covering everything from the actions of our security services to the goings on in NHS hospitals. There is no doubt that, in many of these cases, there is public interest in the goings on inside such companies. However, what exactly is the test for whistleblowing, and how can you recognise if such a complaint arises within your business? In this article Associate Solicitor, Sarah Lee, analyses the requirement for a whistle-blower to believe that their “disclosure” is in the “public interest” in order to have legal protection and the recent case of Chesterton Global Ltd v Nurmohamed which has set a very low threshold in classifying such allegations.

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Employment

New drug-driving laws now in force

It is now illegal to drive with specified levels of certain drugs such as cannabis and cocaine, including legal medication, in your system. Under section 4 Road Traffic Act 1988, it is an existing offence to drive a motor vehicle whilst being unfit to do so as a result of drug consumption. However, under the new law, you may be guilty of an offence of drug driving even if your ability to drive is not impaired as a result of drug use.

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