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Jul
10
2017

Gig Economy Update
#Employment

The Trades Union Congress (TUC) recently published a report on ‘insecure work’. According to the report, 3.2 million people in the UK currently have ‘insecure work’ which was defined as being engaged:...

Jul
10
2017

Appeal: No reasons for decision? No witnesses called? No problem!
#Employment

In the case of Elmore v The Governors of Darland High School, the EAT upheld the decision of the ET that the dismissal of a mathematics teacher on capability grounds was fair, despite the fact that the school’s appeal panel gave no reasons for its decision and none of its members were called as witnesses at tribunal....

Jul
07
2017

How to avoid getting hot and bothered on summer employment issues
#Employment

In December, law firms like to write advice on dealing with employment issues that may arise over the festive period, but the summer in its own way can create just as many pitfalls....

Jun
30
2017

Scottish Government report suggests raise in care worker wages would help close gender pay gap
#Employment

The Scottish Parliament’s Economy, Jobs and Fair Work Committee has published its gender pay gap report, “No Small Change”. It contains a number of recommendations for devolved powers to be used to close the gender pay gap....

Jun
30
2017

Save money. Live to regret it?
#Employment

Last week (in Farmah & ors v Birmingham City Council & ors) the EAT gave an important Judgement in five different multiple equal pay claims, including the large scale claims against Asda....

Jun
30
2017

TUPE may apply on share sale if purchaser “steps into the shoes” of the employer
#Employment

On a share sale, it is easy to presume that TUPE will not apply as the employer remains the same and it is just the ownership that changes. In the recent case of ICAP Management Services Limited v Berry & BGC, the High Court looked at the circumstances in which a transfer could arise....

Jun
23
2017

Queen’s Speech: Proposed measures relating to Employment Law
#Employment

Her Majesty has outlined the legislative agenda for the coming two years in Parliament. As the Conservative Party failed to obtain a majority in the recent general election, many manifesto promises were scaled down or scrapped entirely....

Jun
23
2017

Employment status disputes could lead to holiday pay headache
#Employment

If the Court of Justice of the European Union (CJEU) follow the Advocate General’s recent opinion on holiday entitlement, for those wrongly classified as self-employed, businesses who dispute entitlement to paid annual leave could face large pay outs....

Jun
23
2017

First-tier Tribunal gives guidance on monetary penalties for data protection breaches
#Employment

In LAD Media Ltd v ICO, a monetary penalty by the ICO for unsolicited marketing texts has been reduced on appeal by the First-Tier Tribunal (Information Rights)....

Jun
22
2017

Gender pay gap starts early
#Employment

A new study looking at 23 subjects studied at university has suggested that the gender pay gap can start as early as the first year after graduating....

Jun
16
2017

Michael Sippitt comments for the FDi on France strikes back: optimism abounds as Macron takes the helm
#Employment #Press

The landslide election of centrist pro-EU Emmanuel Macron in May buoyed the euro and allowed markets to breathe a sigh of relief that France’s most unpredictable election in modern memory was over. Far-right candidate Marine Le Pen was soundly defeated, and 39-year-old former investment banker Mr Macron, leader of the nascent La République en Marche (LREM) party, was swept into the Élysée Palace on the promise of a stronger EU, labour reforms and a commitment to globalism...

Jun
16
2017

Failure to pay enhanced shared parental leave was direct sex discrimination
#Employment

In Ali v Capita Customer Management Ltd, a father succeeded in his claim for direct sex discrimination when he was told that shared parental pay only entitled him to 2 weeks full pay following the birth of his child and not the 14 weeks granted to women on maternity leave....

Jun
16
2017

Non-compete clauses: timing is everything
#Employment

In Egon Zehnder Ltd v Mary Caroline Tilman, the High Court upheld a restrictive covenant finding that it went no further than reasonably necessary in protecting the employer’s legitimate business interests. The court explained that the the reasonableness of a non-compete clause should be assessed at the time a contract is entered into but should take into account the parties’ expectations of future promotions....

Jun
16
2017

Council fined £150,000 for a failure to redact sensitive personal data
#Employment

Basildon Borough Council have been given a £150,000 fine by the Information Commissioner, after a statement in support of a householder’s planning application was published online in full without redacting personal data....

Jun
09
2017

The UK wakes up to a hung parliament!
#Employment

The Conservatives are the largest party but have fallen short of a majority....

Jun
09
2017

EU gender pension gap twice the gender pay gap
#Employment

Not to be confused with the gender pay gap, the gender pension gap is defined as ‘the gap between the pre-tax income received as a pension by women and that received by men'. The consultancy firm Mercer has recently found that this gap in the EU is more than twice the gap between men and women’s earnings, standing at 40%, compared to the gender pay gap of 16%....

Jun
09
2017

Territorial Jurisdiction: an objective test
#Employment

In the recent case of Green v SIG Trading Ltd, the EAT held that the question of whether an employee has a sufficiently strong connection to the UK (to give a tribunal territorial jurisdiction to consider a claim) is an objective rather than a subjective test....

Jun
09
2017

Court finds employees don’t have to disclose intention to compete
#Employment

In MPT Ltd v Peel and others, the High Court was asked to grant an interim injunction against two senior employees of MPT who planned to run a competing business after they left MPT and their restrictive covenants had expired. ...

Jun
01
2017

“Mini” strike exposes major pension issues
#Employment

In April workers at BMW’s UK plants started a wave of one day strikes, halting the output of the iconic Mini. This is the first ever walkout by staff at these sites and the cause was BMW’s plan to close a defined-benefit pension scheme and replace it with a contribution-based scheme, a move the Unite union believe will cost workers up to £160,000 in lost income....

Jun
01
2017

Supreme Court determines a pay deduction rate of 1/365 for each day employees participate in lawful strike action
#Employment

In Hartley v King Edward VI College, the Claimants were teachers who participated in a full day of lawful strike action. Their employment contracts permitted pay to be deducted for any days on lawful strikes but did not specify the calculation to be applied. The employer deducted 1/260 of their annual pay, basing the calculation on working days in a year rather than calendar days....

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