Be Aware UK

News and views from DLA Piper's Employment team

Employment

Disparate pay for maternity and shared parental leave may be indirect discrimination

/ , / Employment

Following the EAT’s recent ruling, in Capita Customer Management Limited v Ali, that a father who wished to take shared parental leave was not directly discriminated against in not being entitled to the higher maternity pay rate which the employer paid to employees taking maternity leave, the EAT has handed down judgment in Hextall v […]

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Employers do not discriminate by paying more for maternity leave than shared parental leave

/ , / Employment

The EAT has confirmed in Capita Customer Management Limited v Ali that a father who wished to take shared parental leave was not directly discriminated against in not being entitled to the higher maternity pay rate which the employer paid to employees taking maternity leave. Capita’s maternity, paternity and shared parental leave policies applying to

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EHRC confirms enforcement action will be taken against employers who fail to publish gender pay gap reports

/ / Employment, Reform

With one week to go until the deadline for employers of 250 or more employees to report their gender pay gap information, the Equality and Human Rights Commission (EHRC) has confirmed that it will take enforcement action against any employers who fail to report on time. In a statement on 26 March 2018, the EHRC

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Holiday and casual workers: the 12.07% formula challenged

/ , , , / Employment

A recent decision of the Employment Appeal Tribunal (EAT) casts doubt on the practice of employers fulfilling their obligations to allow paid annual leave to casual workers by providing for holiday accrual at the rate of 12.07% of hours worked. Facts Brazel was a part-time music teacher, retained on a zero hours contract.    She worked

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Government publishes response to Taylor Review and four consultation papers

/ , / Employment, Reform

The Government has today published ‘Good Work’, its response to the Taylor Review which investigated what impact modern working practices are having on the world of work. The Taylor Review published its report in July 2017 and made wide-ranging recommendations regarding reforms of the law on agency work, paid holiday, sick pay, flexible working and

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April 2018 tax reforms will impact on employers making termination payments

/ / Employment, Tax

Employers who are planning to make termination payments to departing employees on or after 6 April 2018 need to be aware of important reforms which will take effect on 6 April 2018. The key point for employers to note is that the value of all notice periods not worked will become taxable and subject to

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CAC rejects novel collective bargaining application in respect of outsourced workers

/ / Employment

The Central Arbitration Committee has rejected a novel claim that outsourced workers employed to provide ancillary services at a university should be entitled to bargain collectively with the university as their “de facto” employer. The Independent Workers Union of Great Britain (IWGB) sought statutory recognition against both Cordant Security and the University of London under

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Be Aware: EHRC consults on its approach to enforcement of gender pay reporting regulations

/ / Employment

The Equality and Human Rights Commission (EHRC) has published a draft policy paper setting out the approach it intends to take in using its enforcement powers in respect of the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (GPGR). The EHRC is consulting on the draft policy and wants to hear from businesses, representative

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Be Aware: Employer’s direct pay offer to employees was unlawful inducement to end collective bargaining

/ / Employment

In our Be Aware blog post of 28 February 2017 we reported on the employment tribunal decision in Dunkley v Kostal UK Limited, a case on s.145B of the Trade Union and Labour Relations (Consolidation) Act 1992. Section 145B is complex but essentially prohibits employers from making offers directly to union members to change their

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ECJ: A worker must be able to carry over paid annual leave when an employer does not allow him to exercise that right

/ , , / Employment

The ECJ held today in King v The Sash Window Workshop that a worker must be able to carry over and accumulate rights to paid annual leave when an employer does not put that worker in a position in which he is able to exercise his right to paid annual leave. EU law precludes the requirement

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Government select committees publish draft bill on worker status

/ Employment

The Work and Pensions (WP) and Business, Energy and Industrial Strategy (BEIS) Committees yesterday published a joint report, A framework for modern employment, (Report) which contains a draft Bill which aims to take forward some of the central proposals from the Taylor Review of modern working practices, which published its report in July. The Report

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