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Jun
01
2018

Disability and knowledge of the consequence
#Employment

In the case of City of York Council v Grosset, the Court of Appeal (COA) upheld a decision that an employer was liable for discrimination arising from a disability when it dismissed an employee due to misconduct, even though the employer was not aware that the employee’s conduct was due to his disability. The claimant was Head of English at a school and suffered with cystic fibrosis....

May
31
2018

Michael Sippitt comments for the Financial Times Special Report on AI systems must be alert to the dangers of human bias
#Employment #Press

The technology sector has come under the spotlight for its lack of diversity after a series of high-profile cases of sexual harassment in Silicon Valley companies, including Uber. A series of scandals in the US about predictive policing and facial recognition software that cannot recognise black people have also raised concerns about ethnic discriminations....

May
18
2018

Asking employee if he still supported ISIS was not discrimination due to previous comments
#Employment

In Bakkali v GMB (South) Ltd, the Employment Appeal Tribunal decided that asking a Moroccan Muslim bus driver whether he "still supported Islamic State" was neither direct discrimination nor harassment related to race or religion....

May
18
2018

Over 50% Increase in Minimum Wage backpay
#Employment

The government have published figures for the 2017-2018 tax year which show that the number of workers who have received back pay due to underpayments of the minimum wage has more than doubled since the previous year. ...

May
11
2018

Supporting mental health in the workplace
#Employment

Next week is Mental Health Awareness week (14 – 20 May 2018) so what better time to reflect on the last 12 months which have seen much positive activity in the field of supporting mental health in the workplace. October 2017 saw two comprehensive publications issued: the ACAS guidance “Promoting positive mental health in the workplace” and the Stevenson / Farmer review of mental health and employers, “Thriving at work”. ...

May
11
2018

Is HR ready for the revolution?
#Employment

It is not protests in the streets and the overturning of our Government by violence we fear, at least not yet anyway. However, there is a quiet and transformational revolution going on that will deeply affect just about everyone over time....

May
11
2018

Constructive Dismissal: Substantial pay reduction cannot amount to a ‘reasonable or proper’ cause
#Employment

An employee can be unfairly dismissed if they resign as a result of an employer’s repudiatory breach, known as ‘constructive dismissal’. ...

May
11
2018

Low take up of fee refunds
#Employment

According to a letter from the Lord Chancellor to the Justice Committee last month, a large number of eligible people have failed to apply for a refund of tribunal fees paid. The Ministry of Justice is sending letters to those affected to try to raise awareness in this regard. ...

Apr
27
2018

Employees who brought claims 2 years after a pay freeze had not waited too long
#Employment

The employees in Abrahall v Nottingham City Council received incremental annual pay rises until March 2011, when the council imposed a two-year pay freeze. The council said that the only alternative was additional redundancies. ...

Apr
27
2018

When does notice of termination of employment take effect?
#Employment

The Supreme Court has recently confirmed in Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood that in the absence of any express provision in an employment contract, written notice of termination from an employer does not take effect until the employee has read it, or had a reasonable opportunity of doing so....

Apr
24
2018

‘Don’t believe the gig economy hype, says Matthew Taylor’ – Monica Atwal comments for Personnel Today
#Employment #Press

The view that full-time employment is in retreat and will be subsumed by the gig economy is not borne out by the facts, Matthew Taylor argued at a recent conference. Cath Everett listened in and gauged reactions to his ideas....

Apr
20
2018

Early Conciliation: Welcome clarity from the EAT on extending time limits
#Employment

In the recent case of Luton Borough Council v Haque (“Haque”) the EAT has clarified that the two sub-sections for extending limitation periods through Acas early conciliation apply sequentially, and not as alternatives....

Apr
20
2018

Shared Parental Leave – Failure to enhance is not discrimination
#Employment

The EAT have held that an employer’s failure to pay enhanced shared parental leave (SPL) to a male employee when it did pay enhanced maternity leave to female employees was not direct sex discrimination (our blog on the Tribunal’s earlier decision can be found here). ...

Apr
13
2018

Mind the Gap: Following up on Gender Pay Gap Reporting
#Employment

After much press coverage in the build up to the reporting deadline of 4 April 2018, organisations employing more than 250 employees have now published their gender pay gap data and the results are now available for all to see. While the BBC reported that around 1,500 organisations missed the deadline to report, the results that are in make for tough reading....

Apr
06
2018

Tier 2 Restricted CoS shortage fourth month in a row
#Immigration #Inward Investment #Employment

The Tier 2 visa cap has been reached for the fourth month in a row resulting in sponsors being unable to employ workers under the Tier 2 General category from overseas. UKVI data shows that the minimum points required to be successful was 56 – a stark contrast to the usual 21. Many businesses have been trying to secure Restricted CoS since December....

Apr
06
2018

Answering the unknown: Can Respondents respond to unparticularised allegations?
#Employment

In SoS BEIS v Parry and The Trustees of the Williams Jones’s School Foundation, the Court of Appeal (overturning the EAT’s decision) confirmed that even if a claim form has no particulars attached, in some circumstances a Respondent can still respond to the claim....

Apr
06
2018

Ending Sexual Harassment in the Workplace
#Employment

In the wake of various high profile sexual harassment stories in both the UK and the US, the Equality and Human Rights Commission (EHRC) have taken several steps to improve the situation for employees in the UK. This has led to them publishing a report in March this year entitled “Turning the tables: ending sexual harassment at work”....

Apr
06
2018

Increase to Injury to Feelings Awards
#Employment

Further to our previous blog on the tribunals issuing a response to the Vento band consultation for cases presented from 11 September 2017, the Presidents of the Employment Tribunals in England, Wales and Scotland have now issued updated joint guidance increasing the Vento bands used to calculate awards for injury to feelings (most commonly seen in discrimination and whistleblowing claims)....

Mar
29
2018

MAC interim report highlights need for low and high skilled EEA labour
#Immigration #Inward Investment #Employment

The Migration Advisory Committee (MAC) has published its interim report on its assessment of the UK labour market after the UK leaves the EU. Whilst the final report is expected to be published in September, the interim report summarises over 400 responses from businesses, industry bodies and government departments. ...

Mar
29
2018

Six month extension for childcare vouchers scheme
#Employment

Childcare voucher schemes were due to close to new entrants on 5th April this year, however, the Government has now announced plans to keep this open for a further 6 months. ...

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