The new right for employees and qualifying agency workers to unpaid time off to accompany a pregnant woman to ante-natal appointments comes into force on 1 October 2014. The Department for Business, Innovation and Skills has just published a guide for employers. The new right applies to the pregnant woman`s husband, civil partner or partner (including a same-sex partner), the father or parent of...
The government has launched a consultation on its proposed exclusivity ban in zero hours contracts. It also seeks views on penalties and remedies. The results of the consultation will be used to determine the necessity for and scope of further regulations to deal with avoidance of an exclusivity ban, when it comes into force. The consultation will close on 3 November 2014. The government has als...
A tribunal has held than an employee was not liable for amounts that his employer under-deducted under PAYE because his employer did not take reasonable care to comply with the PAYE rules. It decided that an employee was not liable for his employer`s PAYE under-deduction because, in simply abandoning payroll matters to its payroll agent, his employer did not take reasonable care to comply with t...
The Shared Parental Leave Regulations 2014 come into force on 1 December 2014 and apply in respect of babies expected to be born on or after 5 April 2015. A key issue for employers to consider, particularly those who pay more than the statutory minimum amount of maternity pay, is what rate of shared parental leave to pay?...
Using expletives with religious overtones can be common to hear on the street and when talking to friends or colleagues. For example, language such as "Oh my God" and "Jesus Christ" can be used to express surprise and disgust. In M v P Care Home Ltd the Employment Tribunal ("the ET") assessed whether these expletives with religious overtones amounted to religious harassment. M, a Christian car...
Malky Mackay and Iain Moody are two names that have dominated sports headlines, but for all the wrong reasons. Mackay and Moody have been reported to the Football Association (‘FA`) after the sensational revelation of their text message exchanges, which have been considered ‘`sexist, racist and homophobic`. The revelation came just as Mackay and Moody were due to work together at Crystal Palace...
There are some relatively unknown and underused legal provisions which make it unlawful for employers to make any kind of offer directly to a unionised employee, for example a new bonus scheme, which could be construed as an attempt to induce the employee to give up collective bargaining rights. However, the fact that at least three cases were heard on this point last year could be an indication...
It is a rule that in relation to a TUPE service provision change that the client for whom the services are provided must be the same before and after the transfer. This rule derives from the Court of Appeal case of Hunter v McCarrick [2013] IRLR 26. In a further recent case on the issue, Horizon Security Services Limited v (1) Ndeze (2) The PCS Group, the client had changed when a management comp...
The Office of Tax Simplification (OTS) has recently published its final report which includes the taxation of termination payments as well as considering some other areas. Termination payments Currently, although payments and benefits received in connection with a termination of employment are taxable, the first £30,000 can be paid tax free, provided it is genuinely paid on account of redundanc...
In July 2014 the Government published the final Shared Parental leave Regulations. The new Regulations were introduced in order to offer greater flexibility for new parents in deciding who will take parental leave to look after the baby. (This topic was covered in a previous employment buddy blog at the end of November when the Government announced its commitment to introducing new regulations.)...
The OTS has also announced that it will be reviewing the current rules determining the divide between employment and self-employment, an uncertain and complex area for businesses, particularly in light of the increasing diversity of working practices. The OTS will consider whether existing rules create uncertainty and who this impacts, as well as trends in employment law, HMRC guidance and how ot...
Thank you to everyone who completed the last Buddy Quiz, posted throughout July. We have posted the answers to the questions below so you can check how you did. 1. The Queen`s Speech identified various employment law proposals which included higher penalties for employers who fail to pay the minimum wage. However, what is the current minimum wage for those aged 21 and over? £6.31 per...
BIS has recently published a consultation that aims to tackle recruitment agencies that discriminate against workers in Great Britain by advertising exclusively overseas, as part of wider plans on illegal working and penalising unscrupulous employers. Currently, under the legislation governing the recruitment sector, there are two legally defined types of business - employment agencies (often re...
Mr Kaltoft worked as a childminder for 15 years before he was dismissed. Throughout his employment, Mr Kaltoft had a BMI of over 40, making him ‘severely obese` according to World Health Organisation rankings. His employer alleged that Mr Kaltoft`s obesity prevented him from performing his role fully, for example, by making it impossible for him to bend down to tie the shoelaces of the children in his care (although it also denied that it dismissed him because of his obesity). Mr Kaltoft believed that he had been dismissed because of his obesity and brought a discrimination claim in a Danish District Court....
In the rather harrowing case of Hounga v Allen, the Supreme Court has held that the fact that a domestic worker was working illegally in the UK was not a defence to her discrimination. Miss Hounga is a Nigerian national who came to the UK in 2007 aged 14 to work as an au pair for Mrs Allen under a visitor visa. This visa was obtained, with Miss Hounga`s permission, using a false passport and was...
The Court of Appeal has reaffirmed the well established principle that whilst a court can generally interpret an ambiguous clause it cannot rewrite a clause on the grounds that it does not make common sense and is contrary to the intention of the parties. Restrictive covenants are often used in employment contracts in order to guard against unfair competition. They allow an employer to protect...
Neil v Freightliner, a key case on holiday pay, has settled in the Employment Appeal Tribunal. In this case the tribunal decided that Mr Neal`s holiday pay should have been calculated by reference to his normal earnings, which included overtime and shift pay. The case has been appealed and was expected that it would decide whether overtime should be included in the calculation of holiday pay. How...
We know that obesity is one of the most critical health issues facing the developed world, not least in Western Europe. The European Court of Justice now looks set to confirm, based on a preliminary opinion of the Court this week in a Danish case, that obesity, at least severe or "morbid" obesity can be a disability. In fact, leaving aside questions of European law, the Employment Appeal Tribuna...
The EAT in the case of Hershaw and others v Sheffield City Council has held that an employer was bound by the rates of pay included in a grievance appeal letter that was written by a HR consultant. The Council had sought to reduce its patrol officers` pay following a pay review. The employees lodged a grievance so the Council engaged a HR consultant to investigate. Whilst the consultant had no a...
Last month the Leeds Employment Tribunal found that Deloitte, the administrators of Comet, had failed to consult with redundant employees. The employees were entitled to awards of up to 90 days pay and it is expected that the total bill will be nearly £25 million. Background The Trade Union and Labour Relations (Consolidation) Act 1992 ("TULRCA") provides that employers proposing to dismiss mo...