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Employment - Legal Updates

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Jan
19
2017

Could Type 2 diabetes be a disability under the Equality Act 2010?
#Employment

Under the Equality Act 2010, a person with a progressive condition (such as Type 2 Diabetes) has a disability if they “have a physical or mental impairment” which “has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities... as a result of the condition.”...

Jan
19
2017

Mobility clauses made to move aside
#Employment

In the recent EAT case Kellogg Brown & Root (UK) Ltd (KBR) v Fitton & Anor, the Claimants’ employment contracts contained a broad mobility clause requiring them to relocate, if required, within the UK or elsewhere. KBR’s disciplinary procedure considered a refusal to comply with reasonable instructions, such as the mobility clause, an example of misconduct. ...

Jan
17
2017

Clarkslegal advises Meridian Leisure Hotels on its latest acquisition of an internationally branded hotel
#Commercial #Corporate #Employment

News - Clarkslegal corporate team have advised successfully MLH in latest acquisition...

Jan
17
2017

What Employers need to know about Biometric Residence Permits
#Immigration #Employment

Valuable advice for employers on Biometric Residence Rermits and why you and HR must be familiar with these documents....

Jan
13
2017

Another “Spoke in the Wheel” of the Gig Economy? Tribunal finds bike courier to be worker
#Employment

Following in the tracks of the recent “Uber” case, in Dewhurst v Citysprint UK Ltd a cycle courier has been found to be a worker and not self- employed as the employer claimed. ...

Jan
12
2017

Plot twist: dismissal for showing 18-rated film to 15-16 year olds was disability discrimination
#Employment

The case of City of York Council v Grosset concerned a teacher who had cystic fibrosis. The Claimant complained to the head teacher that his workload was unmanageable but no action was taken to try and reduce the Claimant’s workload....

Jan
06
2017

Can a temporary injury be a disability?
#Employment

The Spanish courts recently asked the European Court of Justice for guidance on whether an employee with a dislocated elbow could be classed as disabled, even though his injury was only temporary. Although this case was brought in the Spanish courts, the European Court’s decision is equally relevant to us here in the UK as our disability discrimination law is governed by the same overarching principles contained in the European Equal Treatment Directive....

Jan
06
2017

Do men actually earn less than women when it comes to part time work?
#Employment

Conservative MP Phillip Davies, a recently elected member of the Commons Women and Equalities Committee, has claimed that men actually earn less than women in part-time work. Could this be a surprising twist in the tale of gender pay gaps?...

Jan
04
2017

Tribunal not entitled to look behind earlier warning in unfair dismissal case
#Employment

In Perry’s Motor Sales Ltd v Edwards, the Claimant, a car dealership manager was dismissed for misconduct. The Claimant had previously received a final written warning for similar conduct which related to tampering with company paperwork. The Claimant did not appeal this warning, nor did he challenge its validity in his unfair dismissal claim....

Dec
29
2016

Employer’s view on employee’s dishonesty that matters, not Tribunal’s, in claims for re-engagement
#Employment

In the recent case of United Lincolnshire Hospitals NHS Foundation Trust v Farren, the EAT held that it is the employer’s view of the dishonesty of an employee seeking re-engagement that matters, ...

Dec
23
2016

Woman entitled to compensation for failure to pay SMP despite “full and final” ACAS settlement
#Employment

In Campus Living Villages UK v Commissioners for HMRC & Sexton, Ms Sexton was employed by Campus Living as Head of Finance. She was made redundant whilst pregnant and consequently brought claims of unfair dismissal and pregnancy discrimination....

Dec
23
2016

Refusal to grant Priest licence because of same sex marriage was not discriminatory as it was based on an occupational requirement
#Employment

In the recent case of Reverend Canon J C Pemberton v The Right Reverend Richard Inwood, Acting Bishop of Southwell and Nottingham, the Respondent was able to rely on an exception in the Equality Act 2010 to avoid liability for an otherwise discriminatory act....

Dec
22
2016

Medical Evidence Myth Busting
#Employment

Psychiatric illness, such as depression, may come as a consequence of unfair or discriminatory treatment by another employee or their employer. In Hampshire County Council v Wyatt, the EAT held that such injury does not have to be evidenced by expert medical reports (although it is strongly advised)....

Dec
22
2016

Workplace stress, on its own, is not a disability
#Employment

In Herry v Dudley MBC the EAT was asked to consider if stress amounted to a disability under the Equality Act. Further, it was asked to consider if the Tribunal had fully considered the Claimant’s ability to pay when ordering him to pay all the Respondent’s costs (in excess of £100,000)....

Dec
16
2016

Keep this between you and me…and the Tribunal
#Employment

Protected conversations were introduced to allow employers to have an “off the record” discussion with an employee concerning their exit. Evidence of pre-termination negotiations is inadmissible in ordinary unfair dismissal claims unless there is improper behaviour. Unfortunately for the employer in Lenlyn UK Ltd v Kular, they discovered this exception the hard way....

Dec
14
2016

Trade Union Act – Regulations on ‘important public services’ published
#Employment

As reported back in May, the Trade Union Act 2016 introduces new requirements relating to balloting for industrial action. In particular, such ballots will require a 50% turnout and, for important public services, a 40% supporting vote before industrial action can be taken....

Dec
13
2016

Employee Travel Disruption and Worker Rights
#Employment

With the news regarding the widespread disruption to public transportation around London as a result of the industrial action by Southern Rail drivers, important questions arise:...

Dec
09
2016

Police Force entitled to set upper age limit in recruitment
#Employment

In the recent case of Gorka Salaberria Sorondo v Academia Vasca de Policia y Emergencias the European Court of Justice determined that the imposition of an upper age limit of 35 years for new recruits to Basque Police Force was not in contravention to EU law....

Dec
09
2016

Review launches into ‘modern employment practices’
#Employment

The news is awash with stories of how companies treat their staff, whether it’s delivery drivers working as self-employed contractors, university lecturers ...

Dec
09
2016

Gender Pay – The Revised Regulations and what to do now
#Employment

This week the Government has laid its revised Gender Pay Gap Regulations before Parliament for approval (the “Regulations”). It is expected that the Regulations will be passed by the end of January and come into force in April 2017....

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