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Oct
21
2016

A model recruitment process?
#Employment

A London recruitment agency, Matching Models, has been heavily criticised for posting job adverts on their website for “attractive women”, a “sexy female driver”, and a PA with “a classic look, brown long hair with b-c cup”....

Oct
17
2016

Asda Equal Pay claims reach next stage
#Employment

More than 7,000 Asda employees have brought equal pay claims in the Employment Tribunal, alleging that in-store work such as shelf-stacking and checkout roles (predominantly carried out by female employees) is of equal value to warehouse work (predominantly carried out by men)...

Oct
14
2016

Employer’s decision must be objectively justified not underlying policy
#Employment

In the case of Buchanan v The Commissioner of Police of the Metropolis, the EAT gave useful guidance on the objective justification defence available to employers in certain discrimination claims....

Oct
14
2016

Shared parental leave pay – to enhance or not to enhance?
#Employment

In the case of Snell v Network Rail, the tribunal awarded a father just over £28,000 in compensation after he was refused the same pay as his wife while on shared parental leave....

Oct
10
2016

Holiday pay: British Gas appeal to Court of Appeal fails
#Employment

Back in February we reported that the EAT had dismissed an appeal from British Gas against the finding that the Working Time Regulations can be interpreted so as to be compatible with the EU Working Time Directive, with the effect that results-based commission payments should be included in the calculation of holiday pay....

Oct
06
2016

Has the PM made trade unions redundant?
#Employment

The start point from what our new Prime Minister Theresa May has been saying is no apparent reason to expect reduced rights for workers, indeed current expectations are possibly for added worker protection....

Oct
06
2016

In Recruitment, Your Word Is Your Bond
#Employment

In McCann v Snozone Ltd, a verbal offer of employment made via a recruitment agency was sufficient to create a legally binding agreement between the individual and the employer, the subsequent withdrawal of which amounted to a breach of contract....

Oct
06
2016

Elected Union Officials were agents under the Equality Act
#Employment

The Employment Appeal Tribunal has decided that two elected workplace union officials, despite not being the union’s employees, were its agents and therefore the union could be held liable for their acts of discrimination against an employee....

Oct
06
2016

Is the ‘gig’ up for Britain’s self-employed delivery workers?
#Employment

Long gone are the days when the postman delivered every parcel. Nowadays, we don’t bat an eyelid when the person knocking at the door is a courier in an unfamiliar uniform. But while it might not make much of a difference to customers, opening up the delivery market has an impact on workers....

Sep
30
2016

Agency workers can bring whistleblowing detriment claims against end users
#Employment

In the recent case of McTigue v University Hospital Bristol NHS Foundation Trust the EAT clarified that agency workers can bring detriment claims against end users provided the end user (on its own or in conjunction with the agency) has substantially determined the terms of the worker’s engagement....

Sep
30
2016

To award costs or not to award costs?
#Employment

It used to be the case that recovering costs within the employment tribunal was an exception rather than the rule, and whilst the threshold for recovering costs still remain high, it seems that there has been somewhat of a shift....

Sep
30
2016

Attention: Changes to the National Minimum Wage
#Employment

Compliance with the National Minimum Wage is a legal obligation, make sure you are in the know and don’t fall foul of the law. ...

Sep
30
2016

Apprenticeship levy update
#Employment

In November last year we reported on the government’s plans to reform apprenticeships and introduce a levy of 0.5% for employers with a total payroll bill in excess of £3m. Those plans have now come into fruition with confirmation that the levy will be in force in April 2017, (silencing rumours that the implementation date would be delayed)....

Sep
23
2016

BBC’s dismissal of Journalist who prioritised Sri Lankan news report over Prince George’s birth was unfair
#Employment

BBC World Service Journalist Chandana Bandara was issued with a final written warning following his refusal to prioritise a news report on the birth of Prince George over one on the anniversary of ‘Black July’ (concerning the massacre of Tamils in Sri Lanka). ...

Sep
23
2016

Applicant X – avoiding bias and discrimination in recruitment
#Employment

Most UK employers are well aware that the law protects job applicants from unlawful discrimination - for example because of their sex, race or age. ...

Sep
16
2016

Failing to comply with a subject access request may impact the fairness of a dismissal
#Employment

In the recent employment tribunal case of McWilliams v Citibank, the Claimant had been suspended following allegations that she had breached client confidentiality. The Claimant subsequently submitted an extensive subject access request (SAR) to her employer in respect of her disciplinary proceedings, which was refused on the grounds of proportionality. The SAR’s scope was consequently reduced but was again refused....

Sep
16
2016

Council and their contractor sued over alleged national minimum wage breach
#Employment

In the news this week it was announced that seventeen homeworkers are to sue both Sevacare and Haringey Borough Council over an alleged failure to pay national minimum wage....

Sep
09
2016

“Systematic Failings” on Data Protection leads to a £15,000 fine
#Employment

Following on from the case reported last month on data protection (”Failing to anonymise – the cost”), a nursing home in Northern Ireland has received a fine of £15,000 from the Information Commissioner’s Office (“ICO”), following the burglary of the home of one of its staff members....

Sep
09
2016

No TUPE where activities provided for own commercial gain and not for the client
#Employment

The EAT has held that TUPE does not apply where a new provider ceases to carry out services “on the client’s behalf.”...

Sep
02
2016

Bringing the National Living Wage to Life
#Employment

Since it was announced in the July 2015 Budget, the National Living Wage (NLW) has received much comment, both negative and positive....

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