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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
26
2018

The Four C’s of Co-working
#Employment

Co-working is not a new concept, nor is it a fleeting craze. Last year, flexible work spaces made up over 20% of all commercial office leases in central London. This trend is not confined to the capital either; take-up of flexible work spaces in cities outside London increased 275% from 2016 to 2017. ...

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

Constructive Dismissal: Final Straws Cannot Revive Previously Affirmed Breach
#Employment

In Pets at Home Ltd v MacKenzie, the EAT held that if a breach of contract has been affirmed by an employee, a further breach by the employer cannot revive the earlier breach. ...

Mar
27
2018

Helen Beech comments in the Telegraph on ‘Technology is the new business language, how fluent are you?’
#Employment #Press

Business leaders must understand the enabling power of technology and get the right people on board in order to stay ahead of the game...

Mar
23
2018

Home Office update: New visa fees from April 2018
#Immigration #Inward Investment #Employment

New fees for immigration and nationality are to come into effect on 6 April 2018. The changes include increases to Tier 2 work visa fees, indefinite leave to remain and naturalisation applications. ...

Mar
23
2018

ACAS stats show a rise in claims following abolition of fees
#Employment

According to the ACAS quarterly stats, between April – July 2017 ACAS received around 1,700 notifications a week. This increased by 500 per week following the Supreme Court judgment in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 handed down on 26th July 2017 abolishing Tribunal Fees....

Mar
23
2018

Redundancy: To bump or not to bump
#Employment

The EAT have held that in a redundancy situation there is no requirement for an employee to raise the issue of bumping in order for the employer to have to consider it. ...

Mar
16
2018

Head teacher’s failure to disclose relationship was gross misconduct
#Employment

This week (in Reilly v Sandwell Metropolitan Borough Council), the Supreme Court, has found that a head teacher's failure to disclose her relationship with a man who had been convicted of making indecent images of children justified her dismissal....

Mar
16
2018

Workers not entitled to claim an injury to feelings award despite Working Time Regulations breach
#Employment

The Court of Appeal (CA) has held in the recent case of Gomes v Higher Level Care that a worker cannot claim compensation for injury to feelings under the Working Time Regulations (WTR) if they have been prevented from taking rest breaks. ...

Mar
16
2018

No cap of 12.07% for part-time workers’ holiday
#Employment

The Employment Appeal Tribunal, in Brazel v The Harpur Trust, held that it was incorrect to treat holiday pay for term-time teachers as being capped at 12.07% of annualised hours. ...

Mar
02
2018

Working Time: At home but on call
#Employment

Working time is defined as any time during which a worker is: ...

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