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Employment Law Blog

Indirect discrimination Supreme Court decision

Laura Hill
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The law in relation to indirect discrimination has come under review recently in the Supreme Court decisions of Essop and Others v. Home Office (UK Border Agency) and Naeem v. Secretary of State for Justice [2017] UKSC 27 . Indirect discrimination...

The survivor's pension and your employees

Phil Cookson
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The Supreme Court has given judgement in favour of an unmarried cohabitant in a dispute with a public sector employer regarding a ‘survivor’s pension’. The case dealt with the question of whether or not an employee’s unmarried partner...

Make the National Minimum Wage work for you

Phil Cookson
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Meeting the National Minimum Wage ought to be a priority for employers big and small across the UK - it is essential for providing individuals with enough money to get by in an economy with an ambiguous future. Despite this, it’s been widely reported...

Uber decision: the end of the gig economy?

Phil Cookson
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The Employment Tribunal’s decision in proceedings against Uber, released last week, has provided a potential hurdle to businesses seeking to utilise a network of self-employed individual contractors to provide services to customers, or...

Holiday Pay Decision

Phil Cookson
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The law in relation to holiday pay, and in particular what should be included in holiday pay, has evolved in recent years in light of cases such as Williams –v- British Airways plc and Bear Scotland Ltd –v- Fulton.  A recent decision...

New Gender Pay Gap Reporting rules explained

Phil Cookson
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Large numbers of  businesses are about to become subject to new Gender Pay Gap reporting regulations. Due to come into effect next spring, many companies appear to be unaware of the new regulations. Background The difference between men’s...

Employers warned to take sexual harassment seriously

Phil Cookson
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Two recent news stories highlight the continued problem of sexual harassment in the workplace and the risks to employers who commit such acts or do not take complaints seriously. The TUC union has published the results of a survey of 1,500 women which...

Useful reminder regarding internal appeals

Phil Cookson
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A recent Employment Appeal Tribunal (EAT) decision provides a reminder to employers about the effect of internal appeals against disciplinary sanctions. In Folkestone Nursing Home Ltd v Patel the EAT considered the effect of an internal appeal...

Holiday carry over due to sickness

Phil Cookson
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A recent decision of the European Court of Justice (“ECJ”) in relation to a Polish employment case confirms the principle that an employee who is prevented from taking their holiday entitlement due to sickness should be allowed to take their...

Is communication an answer to insecurity?

Phil Cookson
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The results of a survey conducted by Peninsula and analysis of statistics by Citizens Advice have highlighted two issues which will be of concern for employers. Citizens Advice analysed statistics produced by the Office of National Statistics which...

Successful claim against employer for allowing " modern slavery "

Phil Cookson
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High Court claims brought by Lithuanian nationals for exploitation have succeeded against a Kent based chicken farming company. This is the first court ruling against a UK company for civil damages in relation to victims of trafficking and “modern...

Lessons from Carneiro v Chelsea and Mourinho

Phil Cookson
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Many people will have followed the developments in the proceedings brought by Chelsea FC’s former doctor, Eva Carneiro, against the club and former manager, Jose Mourinho, for constructive dismissal and discrimination.  Such interest may have come...

Employee prosecuted for unlawfully obtaining customer details

Phil Cookson
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The Information Commissioner’s Office (“ICO”) has reported the prosecution of an employee in relation to the unlawful obtaining of personal data. The case concerned an employee who emailed himself details of 957 clients of his employer...

The National Living Wage: cause for celebration?

Phil Cookson
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There has been much publicity about the introduction of the National Living Wage (“NLW”) which came into force on 1 st April 2016.  The basic premise, a minimum hourly rate of pay for those who are aged 25 and over set at £7.20 per...

Zero hours contracts: what’s the answer?

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Employers say they are essential and should remain.  Workers’ organisations say they are harmful and should be banned.  Zero hours contracts have, in recent times, attracted a lot of media attention and the debate as to whether they should...

Holiday Pay Latest Development

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There has been focus on the calculation of holiday pay by employers since the decision of the Employment Tribunal in the case of Bear Scotland which dealt with the issue of overtime when calculating holiday pay. The latest case on the topic, British...

Disabilities and reasonable adjustments

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The Starbucks decision is a reminder to employers to deal with disabilities and consider reasonable adjustments. An Employment Tribunal has upheld claims of disability discrimination brought by an employee against Starbucks.  The case involved an...

Government publishes Apprenticeship Levy details

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The Government has published draft legislation on the Apprenticeship Levy, which will be introduced from April 2017. The draft legislation confirms that from April 2017, employers with an annual wage bill of more than £3m will have to pay a levy...

Employers can monitor private messages

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A judgement in the European Court of Human Rights ( ECHR ) this week  has ruled that employers can justify reading workers’ private online messages. The decision is binding in the UK as it has ratified the European Convention on Human Rights. ...

What to look out for in 2016

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With 2016 well under way it's a good time to take a look at what is coming up in terms of employment law.  Our Employment team has summarised the main highlights below. If you have any questions please do not hesitate to contact us. Zero hours...

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