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Employment

Disability discrimination: knowledge of the employer

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Treating someone less favourably because of their disability is prohibited under the Equality Act 2010. Under the Equality Act “discrimination arising from disability” occurs where both: A treats B unfavourably because of something arising in consequence of B’s disability. A cannot show that the treatment is a proportionate means of achieving a legitimate aim. With this type of disability discrimination claim, it will not succeed if the employer had no knowledge of the disability itself. As to what the consequences…

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Philosophical belief under the Equality Act

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Under the Equality Act it is unlawful to discriminate, harass or victimise workers or job applicants on the grounds of their religion, religious belief or philosophical belief. “Religion or belief” is a protected characteristic under the Equality Act, just like for example age or race, and is defined as follows: “Religion” means any religion, and a reference to religion includes a reference to a lack of religion. “Belief” means any religious or philosophical belief and a reference to belief includes…

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Got a new employee and need a contract of employment? Use our Starter Pack

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Our Starter Pack is ideal if you are employing your first employee or you want to update your contracts of employment. The pack gives you the basic HR and legal documentation you will need for employing your first employee and all at a fixed reasonable price. You will have the following precedents: a junior employment contract disciplinary procedure grievance procedure health & safety policy It is important to have a contract of employment in place to ensure both parties expectations…

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Sexual harassment claims: employers should be prepared

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Further to our articles earlier this year, it is interesting that due to campaigns such as the #Me Too campaign, sexual harassment is still getting media attention. Recently there have been parliamentary debates where those in the legal profession have given their views on the topic, such as whether 3 months is long enough as a time limit when comparing it to personal injury and contractual time limits. It is perhaps inevitable that in the future employers are going to…

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Supreme Court decides on Pimlico Plumber case

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Following our update for 2018, we now take a look at the The Pimlico Plumber case which has now been heard by the Supreme Court. In this case Mr Smith was a gas electrician carrying out work solely for Pimlico Plumbers from August 2005. The contract said he was an independent contactor and Pimlico was not obliged to offer any work and Mr Smith was under no obligation to accept it. However, the company manual stated that he should work…

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Are you GDPR ready?

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You will recall in January we highlighted how employers needed to get ready for changes to data protection law that comes into force on 25th May 2018. We have already, in our previous update, provided you with some helpful links and the Information Commissioners website continues to provide updated guidance to help businesses. Is your business ready? If not, don’t panic. It is better to start now rather than bury your head in the sand. Here some tips for putting…

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Update on Shared Parental Leave case

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This update follows our update in July last year regarding Mr Ali’s claim of sex discrimination because he was not paid enhanced pay whilst on Shared Parental Leave like those on maternity leave. Capita, the respondent and employer in this case, took this to the Employment Appeal Tribunal (the EAT).  The EAT has upheld their appeal. It stated that the decision of the original Tribunal was based on an incorrect finding that the purpose of maternity leave and pay is…

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April updates in Employment Law

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It is the time of year which sees the statutory rates for payments such as maternity pay and sick pay increase, as well as the national minimum wage. See here for our pdf setting out these changes. Employers considering using settlement agreements should also note the changes to the taxation of termination payments. On 6 April 2018, all payments in lieu of notice, even where there is no contractual pay in lieu of notice (PILON) clause, will be subject to…

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When is cancer protected under the Equality Act 2010?

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This case below of Lofty –v- Hamis (EAT) deals with the question of when under the Equality Act 2010 does cancer become automatically deemed as a disability. The Equality Act currently has a Schedule 1 which lists those illnesses and diseases which are automatically deemed to be a disability, therefore attracting protection under the Equality Act. Mrs Lofty was a café assistant and following a biopsy of a blemish on her cheek, she was found to have lentigo maligna which…

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Five Fair Reasons

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When an employer is considering ending an employee’s employment, it is vital that regardless of their length of service the employer considers their reasons for dismissing that employee.  Although most employment protection with regards to unfair dismissal requires two years of service, employees, and workers, have other protection under the law from day one. Under employment legislation there are five fair reasons for dismissing an employee and these are as follows: Conduct Capability Redundancy Breach of statutory obligation Some other…

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