Cashiered – supermarket staff succeed in Supreme Court -
To bring an equal pay claim, an employee has to point to a comparator of the opposite sex doing like work, work rated as equivalent or work of equal value. If the...more
4/12/2021
/ Adoption ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Equal Pay ,
Holiday Pay ,
International Labor Laws ,
Parental Leave ,
Sex Discrimination ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour
Employment newsletter In this weeks issue: Beating around the bush – disclosure did not have to identify legal obligation Gone fishing – disclosure in equal pay claims All change – tribunal limits and pay gap reporting ...more
Although the government’s Job Retention Scheme (JRS) was originally expected to close on 31 October 2020, the government has extended it on several occasions. Following the Budget on 3 March 2021 it is now clear that the...more
Timed out – reasonable steps defence fails because training stable -
An employer can defend a discrimination claim under the Equality Act if it has taken all reasonable steps to prevent employees from committing acts of...more
2/22/2021
/ Coronavirus/COVID-19 ,
Economic Impact Analysis ,
Employer Liability Issues ,
Employment Litigation ,
Equality Act ,
Harassment ,
Infectious Diseases ,
International Labor Laws ,
Pay Gap ,
Race Discrimination ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour
Read all about it – agency worker had right to be informed about vacancies, not to apply for them -
It is perhaps surprising that nearly ten years after the Agency Workers Regulations (the Regulations) came into force, the...more
Although the government’s Job Retention Scheme (JRS) was originally expected to close on 31 October 2020, the government subsequently decided to extend it, initially to the end of March and then to the end of April 2021 (the...more
There has been a lengthy debate in the courts about the extent to which an employer can rely on cost considerations when seeking to justify a provision, criteria or practice that is potentially indirectly discriminatory. In...more
Although the government’s Job Retention Scheme (JRS) was initially expected to close on 31 October 2020, on 5 November 2020 the government announced that it would remain in place in some form until the end of March 2021 (the...more
On 24 September 2020 the UK government announced its Job Support Scheme (JSS), which will open on 1 November when the current Job Retention Scheme (JRS) comes to an end. It will run for six months until the end of April 2021....more
Replacement for furlough scheme announced -
On 24 September the government announced the Job Support Scheme, which will open on 1 November. The Job Support Scheme will support wages for employees who are performing at...more
If it ain't broke – material factor still explained pay disparity after job evaluation -
Employers have a defence to an equal pay claim if they can show that a difference in pay between an employee and their comparator is...more
9/16/2020
/ Data Breach ,
Data Collection ,
Employer Liability Issues ,
Equal Pay ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
International Labor Laws ,
Pay Equity Laws ,
Pay Gap ,
Redundancy Dismissals ,
UK ,
Wage and Hour
On 20 March 2020 the UK government announced its coronavirus Job Retention Scheme (JRS), which allowed businesses to place employees on furlough (temporary leave of absence) and reclaim 80% of their usual monthly wage costs...more
On 20 March 2020 the UK government announced its Job Retention Scheme (JRS). The JRS allows businesses to place employees on furlough (temporary leave of absence) and reclaim 80% of their usual monthly wage costs from HMRC,...more
What's in a name? Return to work was a return to employee's old role -
In ICTS (UK) Ltd v Visram the Court of Appeal confirmed that an employee was entitled to receive long term disability benefit until he was able to...more
3/10/2020
/ Age Discrimination ,
Breach of Contract ,
Disability Discrimination ,
Disability Leave ,
Employment Litigation ,
Former Employee ,
International Labor Laws ,
Leave of Absence ,
Legal Advice ,
PHI ,
Restrictive Covenants ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour
Continuing focus on sexual harassment -
The EHRC has published technical guidance on sexual harassment and harassment at work, while the Government Equalities Office launched a survey on people's experience of sexual...more
1/27/2020
/ #MeToo ,
Appeals Tribunals ,
Bereavement Leave ,
Corporate Culture ,
Disability Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Equality and Human Rights Commission (EHRC) ,
Harassment ,
Hiring & Firing ,
Labor Regulations ,
Sex Discrimination ,
Sexual Harassment ,
UK ,
Unemployment Benefits ,
Wage and Hour
Red faces – no gross misconduct when employee revealed executive's pay -
The EAT had to consider whether an employee had acted in breach of contract or committed gross misconduct when he revealed details of an executive's...more
12/16/2019
/ Couriers ,
Defense Strategies ,
Employee Definition ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Hiring & Firing ,
International Labor Laws ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Wrongful Termination
It's no secret – protected conversation potentially admissible -
The EAT decided in Harrison v Aryman Ltd that a claimant could potentially rely on a protected conversation in evidence. This was the case even though she...more
10/7/2019
/ Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Hiring & Firing ,
International Labor Laws ,
Protected Disclosures ,
Rest and Meal Break ,
UK ,
Unfair Dismissal ,
Wage and Hour
No harassment as conduct not related to sex -
The EAT decision in Raj v Capita Business Services Ltd is a reminder that behaviour, even if it is unwanted and creates a hostile or intimidating work environment, is only...more
9/24/2019
/ #MeToo ,
Employee Rights ,
Equality Act ,
Harassment ,
Hostile Environment ,
International Labor Laws ,
Off-Payroll ,
Privilege Waivers ,
Sexual Harassment ,
UK ,
Wage and Hour
Noteworthy – no holiday pro-rating for "part year" music teacher -
In The Harpur Trust v Brazel the Court of Appeal confirmed that a music teacher was entitled to be paid for 5.6 weeks' annual holiday, even though she only...more
9/9/2019
/ Constructive Discharge ,
Diversity ,
Employer Liability Issues ,
Employment Litigation ,
Equality and Human Rights Commission (EHRC) ,
Foreign Workers ,
Holiday Pay ,
Immigrants ,
International Labor Laws ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour
Something old – government responds to two consultations -
The government has outlined its proposals for regulating confidentiality clauses in the context of discrimination and harassment claims, and on extending...more
7/29/2019
/ Confidentiality Policies ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Flexible Work Arrangements ,
International Labor Laws ,
Labor Regulations ,
Parental Leave ,
Pregnancy Discrimination ,
UK ,
Wage and Hour
Perception is king – rejection for hearing impairment perceived disability discrimination -
In The Chief Constable of Norfolk v Coffey the Court of Appeal confirmed that rejecting a transfer request from someone with a...more
7/1/2019
/ Age Discrimination ,
Appeals ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
International Labor Laws ,
Labor Regulations ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Whistleblowers
No handbrake turns – holiday pay included voluntary overtime pay -
The Court of Appeal confirmed the EAT decision in East of England Ambulance Service NHS Trust v Flowers that holiday pay has to include voluntary overtime...more
6/17/2019
/ Collective Bargaining ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Tribunals ,
Holiday Pay ,
International Labor Laws ,
Non-Disclosure Agreement ,
Over-Time ,
UK ,
UK Employment Appeal Tribunal ,
Unions ,
Wage and Hour
Fatherhood penalty – statutory shared parental pay not discriminatory -
In Ali v Capita Customer Management Ltd and The Chief Constable of Leicestershire Police v Hextall the Court of Appeal confirmed that paying enhanced...more
Get it right – mistaken belief was not disability related -
In iForce Ltd v Wood an employee's mistaken belief that new working practices would worsen her disability did not make her written warning for refusing to follow...more
Consultation on reforming the off-payroll working rules -
HMRC has issued a consultation on implementation of reforms to the off-payroll working rules, which will be extended to the private sector from April 2020. ...more