Employment

ECJ rules that a worker cannot automatically lose his acquired rights to paid annual leave because he did not apply for leave

The ECJ has handed down judgment on 6 November 2018 in Kreuziger v Land-Berlin and Max-Planck-Gesellschaft, a case concerning the circumstances in which the right to compensation in lieu of annual leave on termination of employment may be lost. The ECJ concluded that a worker cannot automatically lose his acquired right to paid annual leave …

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Government response to consultation on parental bereavement leave and pay regulations

The Parental Bereavement (Leave and Pay) Bill received Royal Assent on 13 September 2018. The Act will come into force in April 2020 and will create a statutory right to time off work for employed parents, with pay where eligibility requirements are met, following the loss of a child. The Act will be supported by …

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UK Budget 2018: Employment

The Chancellor has delivered the 2018 UK Budget. Whilst the number of employment tax related announcements were limited there were some significant changes proposed, most notably in relation to off-payroll working arrangements in the private sector. Set out below is a summary of the key announcements.   Off-Payroll Working in the Private Sector As widely …

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Government consultation on mandatory ethnicity pay reporting

A consultation has been launched asking employers to contribute their views on  implementing mandatory ethnicity pay reporting. It sets out options and asks questions on what ethnicity pay information should be reported by employers to allow for meaningful action,  who should be expected to report, and the next steps to be taken. In previous discussions, …

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Supreme Court rules that it was not unlawful discrimination for a bakery to refuse to supply a cake supportive of gay marriage.

In an important case which has highlighted the difficulties which can arise when balancing the rights of individuals with different protected characteristics, the Supreme Court has held in Lee v Ashers Baking Company Ltd and ors,  that it is not unlawful discrimination, either on grounds of sexual orientation or political opinion, for a bakery to …

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Supreme Court decides “self-employed” plumber has worker status

Employment status remains one of the hottest topics in employment law this year. The Supreme Court has added to the debate today, handing down judgment in Pimlico Plumbers Ltd v Smith. The Supreme Court unanimously held that a plumber who was engaged as a “self-employed operative”  should in fact have been treated as a “worker” …

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

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

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

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

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

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

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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