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 ...
Employment
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 ...
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 ...
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 ...
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 ...
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 ...
On 25 May 2018 the General Data Protection Regulation (GDPR) will come into effect in the UK. This is aimed at strengthening and harmonising data protection laws across the European Union. It is planned that the UK ...
Last year we saw a raft of high profile sexual harassment allegations being made against celebrities and politicians alike. More recently the EHRC has highlighted that they will be getting involved as far as their powers allow to ...
We take a look at what we can expect from an employment law perspective in 2018. Legislation Gender pay gap reporting. The Gender Pay Gap Reporting Regulations came into force on 6 April 2017. It requires certain employers to publish ...
Background Under the Working Time Regulations 1998 (WTR) holiday may only be taken in the leave year in respect of which it is due (regulation 13(9)). A worker must therefore take their holiday within the leave year or it is lost (with ...
The Working Time Directive (WTD) and therefore the Working Time Regulations (WTR), which implements the WTD for the UK, states that workers must have the right to paid holiday. The aim with respect to this paid holiday is to ensure ...
‘Work related stress’ as a reason for absence can send chills through any HR manager because such sickness absence is not easily cured with a week of rest or a dose of antibiotics. It requires careful handling, patience and time. ...
The Equality Act 2010 prohibits discrimination in respect of the nine “protected characteristics” of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, ...
A grievance is a term given to a complaint, concern or problem which is raised by an employee with their employer. This definition is reflected in the ACAS Code, which provides guidance to employers and employees about how a grievance ...
Judgment has recently been given on a momentous case in the matter of R (on the application of Unison) (Appellent) v Lord Chancellor (Respondent), which was Unison’s challenge against employment tribunal fees. Employment tribunal fees ...
For some smaller employers dealing with sickness absence is stepping into unknown territory. When dealing with this for the first time, employers can feel daunted about what they should and should not do. Whilst every case is ...
This case considers sex discrimination and pay during shared parental leave. Shared parental leave was introduced in 5 April 2015. It allows a woman who is on maternity leave to give up her maternity leave and instead allow ...
We have previously highlighted that Workplace Mediation can be one way of resolving disagreements in the workplace. However, in some cases, a Settlement Agreement may be one sensible option for both parties to consider and they are ...
We take a look at some of the rights pregnant employees have in the workplace. The starting point is that a pregnant employee has the same rights as any other employee with the same length of service, such as unfair dismissal and a ...
We take a look at a recent disability discrimination case of The Government Legal Service v Brookes where a multiple choice test for applicants placed a woman with Asperger’s at particular disadvantage and was not justified. ...
We take a look at some recent cases on this area around service provision changes. The definition of Service Provision Change (SPC) is found at Regulation 3(1)(b) of TUPE and is as follows: (i) activities cease to be carried out by a ...
Today (1st March 2017) the main provisions of the Trade Union Act 2016 have come into force. Some of the main changes are highlighted below. Increase in ballot thresholds For strike or industrial action to be lawful from 1st March ...