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Jun
11
2015

When does banning religious dress at work amount to religious discrimination?
#Employment

Can an employer insist that an employee does not wear specific religious dress for work? When would this be religious discrimination?...

Jun
04
2015

Inability to work on Saturdays leads to successful indirect discrimination claim
#Employment

A woman who observes Shabbat (the Jewish day of rest from sundown on Friday to sunset on Saturday) has won a claim of indirect discrimination on the grounds of her religion after she was refused employment....

Jun
04
2015

The correct way to calculate deductions following a strike
#Employment

If employees take strike action their pay is withheld for the time that they do not work. How should the amount of pay which is withheld be calculated?...

Jun
04
2015

Dismissal of Bus Driver seen using a mobile phone was fair
#Employment

It is illegal to drive whilst using a mobile phone, that is well known. However, if an employee is seen driving whilst using a mobile phone would that be grounds for a fair dismissal?...

May
29
2015

Zero-hours exclusivity clause ban and £20,000 national minimum wage fines in force
#Employment

Provisions in the Small Business, Enterprise and Employment Act 2015 (passed by the Coalition Government) that make exclusivity clauses in zero-hours contracts unenforceable came into force this week. Also now in force is the increase in the maximum financial penalty for underpayment of the national minimum wage to £20,000 per worker....

May
29
2015

Queen's speech: Government presses ahead with EU referendum and trade union reform
#Employment

In the Queen’s speech this week, the new Conservative Government set out its legislative programme. The big news is the EU Referendum Bill and the commitment to an in/out referendum on Britain’s membership of the European Union which will take place by 2017 at the latest. There is speculation it could be held as early as autumn 2016....

May
29
2015

Global supply chains and human rights: new obligations for business from October 2015
#Employment

Since the Modern Slavery Act 2015 received Royal Assent before the general election campaign, the significance of the Act to business and global supply chains is starting to become better understood. One of the first measures of its kind in the world, the Modern Slavery Act not only imposes for the first time a legal obligation on business to take steps to combat forced labour and human trafficking, it represents another important step in recognising the responsibility of the global business community to ensure human rights are respected. ...

May
21
2015

Bakery discriminated in "Gay Cake" row
#Employment

A county court in Northern Ireland has found in favour of a gay couple in a judgment this week in publicised Ashers Bakery case. ...

May
21
2015

Pensions regulator issues daily fines of up to £10,000 for auto-enrolment non compliance
#Employment

Since 1 January 2015, the Pensions Regulator has used its powers for the first time to issue “escalating penalty notices”. ...

May
15
2015

European Court of Justice confirms Woolworth's decision in Northern Ireland case
#Employment

The European Court of Justice has confirmed its approach in the Woolworths case in a further judgment of the ECJ handed down this week in Lyttle and others v Bluebird UK Bidco 2 Ltd (C-182/13). ...

May
15
2015

The new Conservative Government's employment law plans
#Employment

So, after the excitement of the General Election last week, what does the new Conservative Government have in store on the employment law front?...

May
07
2015

Sexually harassed employee awarded £19,500
#Employment

An Employment Tribunal has awarded a zero-hours worker £19,500 for injury to feelings. It was found that the employer had failed to take all reasonable steps to prevent sexual harassment by the employee’s line manager....

May
07
2015

British Gas files appeal in Lock holiday pay case
#Employment

On 26 March 2015, we reported the employment tribunal decision in the Lock v British Gas case, which followed on from the European Court of Justice decision in the matter last year....

Apr
30
2015

Woolworth's case: ECJ upholds UK law in welcome decision for employers
#Employment

In a much welcomed decision for employers, the European Court of Justice in the Woolworths/Ethel Austin case has followed the decision of the Advocate General which we reported on 6 February 2015 (Advocate General's opinion in Woolworths' case: employers now optimistic that consultation decision will be overruled)....

Apr
23
2015

Employers must remember to take tribunal fees into account when seeking settlement
#Employment

In a recent employment tribunal case, the claimants were represented by UNISON appointed solicitors in a claim against three respondents for alleged failure to consult under TUPE. When their claim form was submitted, the claimants' solicitor paid the £1,000 issue fee. The claimants each entered into a loan agreement with UNISON to advance a sum to them equal to the tribunal fees. This was repayable in the event that their claim, or part of it, succeeded in the tribunal....

Apr
23
2015

TUPE "Acquired Rights" Directive may merge with Collective Redundancy and Information and Consultation Directive
#Employment

It may not get much of a mention in the general election debates concerning Europe or employment matters but this month the European Commission launched a public consultation with the workers and employers representatives at EU level in order to obtain their views on the possible consolidation of the EU Directives on collective redundancies (Directive 98/59EC), transfer of undertakings (Directive 2001/23/EC) and information and consultation of workers (Directive 2002/14/E...

Apr
16
2015

Some guidance on dismissals for "some other substantial reason"
#Employment

The decision to dismiss an individual must fall within one or more of the five statutory potentially fair reasons. These are, conduct, capability, illegality, redundancy and some other substantial reason (“SOSR”). Examples falling into the last category include, personality clashes, pressure from third parties and breakdown in trust and confidence. It is ultimately a decision for the Tribunal as to whether a decision to dismiss amounts to SOSR....

Apr
16
2015

Would you vote for Labour's "Granny leave" or the Conservatives' "Volunteering leave"?
#Employment

Last week, the Conservatives unveiled its election manifesto commitment for employees of large employers to be allowed to take three days paid “volunteering leave” a year to carry out charitable or other volunteering work. This week, Labour is announcing its plans for up to 18 weeks unpaid leave for grandparents to look after their grandchildren....

Apr
10
2015

Whistleblowing in relation to a group of staff was "in the public interest"
#Employment

The EAT has found that a disclosure can be made in the “reasonable belief that it is in the public interest" even if it relates only to a group of staff as a whole rather than the wider public. The EAT stated that an individual contractual dispute would not normally satisfy the public interest test but a disclosure relating to a relatively small group of people may do so; what is sufficient is necessarily fact-sensitive. ...

Apr
10
2015

Stress at Work - when is psychiatric injury foreseeable?
#Employment

In a personal injury claim, when is an employer liable for psychiatric illness caused by occupational stress? In a judgment this week, a court has upheld the leading authority of Hatton v Sutherland [2002], which confirms that it is a high hurdle for an employee to get over to demonstrate that psychiatric injury was reasonably foreseeable....

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