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 …
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” …
Supreme Court decides “self-employed” plumber has worker status Read More »
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 …
Disparate pay for maternity and shared parental leave may be indirect discrimination Read More »
The countdown is on to the implementation of the GDPR on 25 May 2018. With less than one month to go, many employers will be finalising their preparation for the changes the new law will bring to data protection in the workplace. For those employers finalising their preparations, it may be time to check in …
Less than one month to go until GDPR: Are you ready? Read More »
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 …
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 …
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 …
Holiday and casual workers: the 12.07% formula challenged Read More »
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 …
Government publishes response to Taylor Review and four consultation papers Read More »
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 …
April 2018 tax reforms will impact on employers making termination payments Read More »
In 10 weeks’ time, the deadline for gender pay gap reporting for every employer with 250 or more employees will be here. The Government estimates that around 9,000 employers will be required to report and, to date, less than 700 have done so – in the region of 7.5%. So if you haven’t completed and …
Gender Pay Reporting Regulations: Are you ready? Read More »
In this Be Aware review of the year, we highlight the most important legislative and case law developments from 2017 and identify the key developments to watch out for in 2018. 2017: The year in review Legislation Apprenticeship levy: Finance Act 2016, Income Tax (Pay As You Earn (Amendment) Regulations 2017 The apprenticeship levy …
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 …
CAC rejects novel collective bargaining application in respect of outsourced workers Read More »
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 …
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 …
On 8 December 2017, an agreement in principle was reached between the UK and the EU on the future rights of EU citizens currently living lawfully in the UK. In short, the Government has announced that these individuals will be able to stay in the UK and enjoy broadly the same rights and benefits as …
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