Provisions in the Small Business, Enterprise and Employment Act 2015 (passed by the Coalition Government) that make exclusivity clauses in zero-hours contracts unenforceable came into force this week. Also now in force is the increase in the maximum financial penalty for underpayment of the national minimum wage to £20,000 per worker....
In the Queen’s speech this week, the new Conservative Government set out its legislative programme. The big news is the EU Referendum Bill and the commitment to an in/out referendum on Britain’s membership of the European Union which will take place by 2017 at the latest. There is speculation it could be held as early as autumn 2016....
Since the Modern Slavery Act 2015 received Royal Assent before the general election campaign, the significance of the Act to business and global supply chains is starting to become better understood. One of the first measures of its kind in the world, the Modern Slavery Act not only imposes for the first time a legal obligation on business to take steps to combat forced labour and human trafficking, it represents another important step in recognising the responsibility of the global business community to ensure human rights are respected. ...
A county court in Northern Ireland has found in favour of a gay couple in a judgment this week in publicised Ashers Bakery case. ...
Since 1 January 2015, the Pensions Regulator has used its powers for the first time to issue “escalating penalty notices”. ...
The European Court of Justice has confirmed its approach in the Woolworths case in a further judgment of the ECJ handed down this week in Lyttle and others v Bluebird UK Bidco 2 Ltd (C-182/13). ...
So, after the excitement of the General Election last week, what does the new Conservative Government have in store on the employment law front?...
An Employment Tribunal has awarded a zero-hours worker £19,500 for injury to feelings. It was found that the employer had failed to take all reasonable steps to prevent sexual harassment by the employee’s line manager....
On 26 March 2015, we reported the employment tribunal decision in the Lock v British Gas case, which followed on from the European Court of Justice decision in the matter last year....
In a much welcomed decision for employers, the European Court of Justice in the Woolworths/Ethel Austin case has followed the decision of the Advocate General which we reported on 6 February 2015 (Advocate General's opinion in Woolworths' case: employers now optimistic that consultation decision will be overruled)....
In a recent employment tribunal case, the claimants were represented by UNISON appointed solicitors in a claim against three respondents for alleged failure to consult under TUPE. When their claim form was submitted, the claimants' solicitor paid the £1,000 issue fee. The claimants each entered into a loan agreement with UNISON to advance a sum to them equal to the tribunal fees. This was repayable in the event that their claim, or part of it, succeeded in the tribunal....
It may not get much of a mention in the general election debates concerning Europe or employment matters but this month the European Commission launched a public consultation with the workers and employers representatives at EU level in order to obtain their views on the possible consolidation of the EU Directives on collective redundancies (Directive 98/59EC), transfer of undertakings (Directive 2001/23/EC) and information and consultation of workers (Directive 2002/14/E...
The decision to dismiss an individual must fall within one or more of the five statutory potentially fair reasons. These are, conduct, capability, illegality, redundancy and some other substantial reason (“SOSR”). Examples falling into the last category include, personality clashes, pressure from third parties and breakdown in trust and confidence. It is ultimately a decision for the Tribunal as to whether a decision to dismiss amounts to SOSR....
Last week, the Conservatives unveiled its election manifesto commitment for employees of large employers to be allowed to take three days paid “volunteering leave” a year to carry out charitable or other volunteering work. This week, Labour is announcing its plans for up to 18 weeks unpaid leave for grandparents to look after their grandchildren....
The EAT has found that a disclosure can be made in the “reasonable belief that it is in the public interest" even if it relates only to a group of staff as a whole rather than the wider public. The EAT stated that an individual contractual dispute would not normally satisfy the public interest test but a disclosure relating to a relatively small group of people may do so; what is sufficient is necessarily fact-sensitive. ...
In a personal injury claim, when is an employer liable for psychiatric illness caused by occupational stress? In a judgment this week, a court has upheld the leading authority of Hatton v Sutherland [2002], which confirms that it is a high hurdle for an employee to get over to demonstrate that psychiatric injury was reasonably foreseeable....
Much has been written about Shared Parental Leave (SPL) in recent months, but now it is here! SPL can be taken by an employee who has a baby due on or after 5 April 2015, or a child placed for adoption on or after 5 April 2015....
UK Visas & Immigration ("UKVI") has recently announced a number of changes to the UK's immigration rules, most of which will take effect from 6 April 2015 and apply to new applications or extensions made on or after that date. Existing visas and applications submitted prior to 6 April will be subject to the rules currently in place....
In the holiday pay case of Lock v British Gas, which concerned commission payments, the European Court of Justice found that Mr Lock’s commission was intrinsically linked to his role as a salesman. Hence, his statutory holiday pay should include an amount to reflect the commission he would have earned had he not taken annual leave....
The Government has confirmed the measures that it intends to take to tackle avoidance of the forthcoming ban on exclusivity clauses in zero-hours contracts. There will be new protection from detriment for zero-hours contract workers who take jobs under other contracts and a minimum income level below which exclusivity clauses will be unenforceable....