Last week (in Farmah & ors v Birmingham City Council & ors) the EAT gave an important Judgement in five different multiple equal pay claims, including the large scale claims against Asda....
On a share sale, it is easy to presume that TUPE will not apply as the employer remains the same and it is just the ownership that changes. In the recent case of ICAP Management Services Limited v Berry & BGC, the High Court looked at the circumstances in which a transfer could arise....
This week, the government published its policy paper for managing the immigration status of EU nationals in the UK after Brexit. The policy paper is still to be negotiated with the EU but it confirms that once the UK has officially withdrawn from the EU (which could happen at any point on or before 29 March 2019), existing residence documents such as those certifying permanent residence, would be invalid. Instead, all EU nationals and their family members would need to apply for new residence documents....
Her Majesty has outlined the legislative agenda for the coming two years in Parliament. As the Conservative Party failed to obtain a majority in the recent general election, many manifesto promises were scaled down or scrapped entirely....
If the Court of Justice of the European Union (CJEU) follow the Advocate General’s recent opinion on holiday entitlement, for those wrongly classified as self-employed, businesses who dispute entitlement to paid annual leave could face large pay outs....
In LAD Media Ltd v ICO, a monetary penalty by the ICO for unsolicited marketing texts has been reduced on appeal by the First-Tier Tribunal (Information Rights)....
A new study looking at 23 subjects studied at university has suggested that the gender pay gap can start as early as the first year after graduating....
The landslide election of centrist pro-EU Emmanuel Macron in May buoyed the euro and allowed markets to breathe a sigh of relief that France’s most unpredictable election in modern memory was over. Far-right candidate Marine Le Pen was soundly defeated, and 39-year-old former investment banker Mr Macron, leader of the nascent La République en Marche (LREM) party, was swept into the Élysée Palace on the promise of a stronger EU, labour reforms and a commitment to globalism...
In Ali v Capita Customer Management Ltd, a father succeeded in his claim for direct sex discrimination when he was told that shared parental pay only entitled him to 2 weeks full pay following the birth of his child and not the 14 weeks granted to women on maternity leave....
In Egon Zehnder Ltd v Mary Caroline Tilman, the High Court upheld a restrictive covenant finding that it went no further than reasonably necessary in protecting the employer’s legitimate business interests. The court explained that the the reasonableness of a non-compete clause should be assessed at the time a contract is entered into but should take into account the parties’ expectations of future promotions....
Basildon Borough Council have been given a £150,000 fine by the Information Commissioner, after a statement in support of a householder’s planning application was published online in full without redacting personal data....
The recent Conservative manifesto has included a pledge to upsurge the Immigration Skills Charge, from £1,000 to £2,000 per year per employee by the end of the Parliament. Stated within their manifesto “skilled immigration should not be a way for government or business to avoid their obligations to improve the skills of the British workforce”....
Not to be confused with the gender pay gap, the gender pension gap is defined as ‘the gap between the pre-tax income received as a pension by women and that received by men'. The consultancy firm Mercer has recently found that this gap in the EU is more than twice the gap between men and women’s earnings, standing at 40%, compared to the gender pay gap of 16%....
In the recent case of Green v SIG Trading Ltd, the EAT held that the question of whether an employee has a sufficiently strong connection to the UK (to give a tribunal territorial jurisdiction to consider a claim) is an objective rather than a subjective test....
In MPT Ltd v Peel and others, the High Court was asked to grant an interim injunction against two senior employees of MPT who planned to run a competing business after they left MPT and their restrictive covenants had expired. ...
In April workers at BMW’s UK plants started a wave of one day strikes, halting the output of the iconic Mini. This is the first ever walkout by staff at these sites and the cause was BMW’s plan to close a defined-benefit pension scheme and replace it with a contribution-based scheme, a move the Unite union believe will cost workers up to £160,000 in lost income....
In Hartley v King Edward VI College, the Claimants were teachers who participated in a full day of lawful strike action. Their employment contracts permitted pay to be deducted for any days on lawful strikes but did not specify the calculation to be applied. The employer deducted 1/260 of their annual pay, basing the calculation on working days in a year rather than calendar days....
It is automatically unfair to dismiss an employee on the basis that he or she has made a protected disclosure, more commonly known as ‘whistleblowing’. The Court of Appeal, in Beatt v Croydon Health Services NHS Trust, has made clear that an employer’s belief that a disclosure was not protected is irrelevant in such dismissals....
A significant amount of UK employment law is derived from EU law so what’s going to happen after Brexit? Louise Merrell, senior solicitor at Clarkslegal takes a look at the laws which may be destined for the chopping board…...
Recently it has been hard to escape reports about employment status and the ‘gig economy’ with companies like Uber, Deliveroo and Addison Lee attracting much attention....