David Whincup

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If you try to mediate a workplace clash, then the hardest part is often to get the parties to focus on the future of that relationship, not the recent past leading to its breakdown. For so long as one or both find themselves unable to let go of that past, there will be obvious difficulties in establishing a new and untainted platform from which to move forward.…
Forget the law for a moment and answer me this. If: despite having no reasonable grounds to hold that view, I genuinely believe that someone made a racist remark about me; and I sit on that belief without a murmur of complaint for four years; and when my work is entirely justifiably criticised, I then do complain about that remark with the express intention not of seeking any redress for it, but of deflecting that…
Part 7 of this series looked at how far an employer might be exposed if employees whose images were used in internal or external marketing or other corporate communications then withdraw their consent to that processing. Our Global IP and Technology team has now provided some useful further thoughts on this risk, accepting that the practical import of the new law in this area remains unclear, but offering some guidance in the meantime. Essentially, the…
So now the House of Commons Business Energy and Industrial Strategy Committee has recommended the extension of Gender Pay Gap reporting to employers with over 50 staff, a colossal expansion from the 10,000 or so businesses caught by the current minimum 250 employees requirement. When those smaller businesses turn their attention to compliance with those Regulations, what will they find awaits them? Without in any way seeking to undermine the very worthy objectives of the…
At present there is no legal obligation to do anything more with your pay gap than publish it on your website, not necessarily accompanied by any form of explanation or other comment at all. Most employers caught by the current gender pay gap regulations (about 10,000 of them) have added some form of narrative, but these vary very widely in terms of length, style and in particular, statements of intention to do anything concrete about…
Here is a new case which you think initially might be quite helpful on the calculation of holiday pay, but which then suddenly veers off into the contractual undergrowth, and actually isn’t.  However, what it does do is administer a sharp lesson about the wisdom of trying to incorporate broad principles into individual employment contracts. In Flowers and Others –v – East of England Ambulance Trust the EAT had to consider whether voluntary overtime should…
How often have you had an employee make some vague and unspecific complaint about your “unlawful” or “improper” or “inappropriate” conduct (often among a welter of other gripes and grievances) only to find him later claiming protection as a whistle-blower. Is that sort of gripe really enough for him to gain that protection?…
Perhaps that is not really fair – Acas’ new guidance on overtime certainly does what it can to help employers on the vexed question of whether and how you take overtime into account for holiday pay purposes. However, it is held back from saying anything either new or useful because there haven’t been any developments in case law or statutory thinking in this regard which are, well, either new or useful.…