Where an employee is facing disciplinary allegations, it is fairly common for them to be suspended from work during the investigation and disciplinary process. Often, an employer will reserve the right to do so in contracts of employment. The usual rationale for this is to protect the integrity of the investigation and to protect the business if the allegations are serious.
The European Court of Justice (ECJ) has ruled that, in granting a loan to one of its employees and his spouse to buy a house, Electricité de France (EDF) was acting for purposes relating to its trade, business or profession and was therefore a ‘seller or supplier’ for the purposes of the Unfair Contract Terms Directive (UCTD).
In March 2019, the Government began a consultation on the possible introduction of new measures to prevent the misuse of confidentiality clauses, particularly in situations of workplace harassment or discrimination. The Women and Equalities Committee recommended introducing stricter limitations on the use of confidentiality clauses. The consultation tends to focus largely on clarifying existing limitations, although the proposals may still be of note for employers.
Gender pay gaps, itemised payslips and what to do about working rights for EU citizens – these are some of the issues looming large for employers over the coming weeks, with April ushering in many significant dates for new and amended employment legislation.
