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Author Archive: Lexi Climie

Tesco Facing Britain's Largest Ever Equal Pay Claim

Posted by on February 8th 2018 in Blog Posts, Employment

Hundreds of women who work in Tesco supermarkets across the UK could receive back pay totalling £20,000 if a legal challenge demanding equal pay with men who work in the company’s warehouse succeeds.

According to legal representatives instructed in the case, hourly paid female store staff earn less than men employed in the supermarket’s warehouses, even though the value of the work between the two is comparable.

Reports suggest that over 1,000 members of Tesco staff have contacted lawyers, with first steps being taken for at least 100 of them. Initial claims have been submitted...

Employment Appeal Tribunal: 'Discrimination Due to a Perceived Disability is Unlawful'

Posted by on January 23rd 2018 in Blog Posts, Employment

Employment Appeal Tribunal: 'Discrimination Due to a Perceived Disability is Unlawful'

Following the introduction of the Equality Act 2010, direct discrimination as a result of a perceived disability has always been considered a possibility, albeit there had been no case law to give guidance to employers.  

However, the EAT have now confirmed that it is indeed possible for an employer to discriminate against an employee purely because of a perception that they are disabled, even if they do not fall within the statutory definition of a disabled individual.

The dispute in question concerned a police officer who had experienced some hearing loss, although it was highlighted that it was not significant...

Equal Pay in the Workplace

Posted by on January 12th 2018 in Blog Posts, Employment

Equal Pay in the Workplace

Following the recent resignation of high profile BBC journalist Carrie Gracie, the issues of equal pay and gender pay gaps have once again found themselves in the media spotlight.

Gracie, who was the BBC’s China editor from 2004, posted an open letter at the start of January 2018 in which she accused the BBC of having a “secretive and illegal pay culture” in which there was a “crisis of trust”.

The comments came following the revelation that two thirds of BBC stars earning more than £150,000 were male – something which Ms Gracie has expressed her shock and disappointment with.

The news once...

Various Claimants v Wm Morrisons Supermarkets Plc

Posted by on December 18th 2017 in Blog Posts, Employment

Various Claimants v Wm Morrisons Supermarkets Plc

In the recent case of Various Claimants v Wm Morrisons Supermarkets Plc, the High Court was asked to consider whether it is possible for an employer to be vicariously liable for the actions of an employee who has breached the Data Protection Act 1998.

The case followed personal details of almost 100,000 Morrisons’ employees being published on the internet and sent to three newspapers back in 2014.

The wrongdoer, a senior IT internal auditor who was involved in assisting external auditors by providing payroll data, had some time before been the subject of disciplinary proceedings for an unrelated incident which resulted in...

Holiday Pay Key Case from the European Court of Justice

Posted by on December 6th 2017 in Blog Posts, Employment

Holiday Pay Key Case from the European Court of Justice

King v The Sash Windows Workshop Limited

A recent judgment from the European Court of Justice has highlighted that the right to paid holiday is a significant entitlement for individuals, and that the governing legislation must not be interpreted in a manner which could be considered restrictive. 

Facts

Mr King worked for the Sash Window Workshop Limited (“SWWL”) as a commission only salesman for a period of 13 years.

During the course of this period, he received no salary, and was not remunerated for any holidays or periods of sickness absence. Mr King was believed to be self-employed.

In 2008, SWWL offered Mr King...

Could times be changing for "Outsourced Employees"

Posted by on November 22nd 2017 in Blog Posts, Employment

Could times be changing for

A recent report has confirmed that 75 individuals, with roles such as receptionists and porters, will be going to Tribunal in an attempt to gain more rights at work.

The individuals (who are considered ‘outsourced employees’) are supplied to the University of London by external facilities company, Cordant. However, whilst their roles and responsibilities are similar to those directly employed by the University, the outsourced employees do not receive the same benefits as these individuals.

As a result of the nature of the tripartite working relationship between the University, the facilities company and the staff, the University has so far rejected claims...

Reports Consider the Implementation of the NLW and NMW

Posted by on August 1st 2017 in Blog Posts, Employment

Reports Consider the Implementation of the NLW and NMW

The Department for Business, Energy and Industrial Strategy (“BEIS”) has published two reports looking at how successfully the implementation of the new rules surrounding national living wage and national minimum wage has been.

The first report, called National Living Wage and National Minimum Wage, provides information on the subjects of compliance and enforcement. The report highlights that, following the implementation of the National Living Wage, 360,000 workers received less than the National Minimum Wage.

In order to resolve this and encourage efficient enforcement, HMRC resources were increased by £7 million – from £13 million to £20 million – for the year 2016/2017,...

State Pension Age Changed Again

Posted by on July 25th 2017 in Blog Posts, Employment

It has been announced by the Secretary of State for Work and Pensions that six million individuals in the UK will be forced to wait a year longer than anticipated to receive their state pension.

The change, which affects men and women born between 6 April 1970 and 5 April 1978, follows recommendations made in the Cridland Report – an independent review of State Pension arrangements after 2028 carried out by John Cridland CBE.

The government anticipate that the changes will save the taxpayer £74 billion by 2045/2046, and while it was initially due to...

Achbita v G4S Secure Solutions: ECJ Rules that Banning Headscarves in the Workplace can be Legal

Posted by on April 4th 2017 in Blog Posts, Employment

Achbita v G4S Secure Solutions: ECJ Rules that Banning Headscarves in the Workplace can be Legal

According to the European Court of Justice (ECJ), employers can ban the wearing of any “political, philosophical or religious sign” including headscarves, without it being direct discrimination.

The ECJ has highlighted that so long as the ban is based on internal company policies outlining that all employees must dress neutrally, it will be acceptable for employers to ask that staff refrain from wearing clothing of a religious nature.  

Such ban must not however, be based on “subjective considerations” alone, for example, the wishes of a customer or supplier.

The ruling comes following a claim made by Samira Achbita - a receptionist who...

Five Week Religious Festival Holiday Request Rejection = Held not Discriminatory.

Posted by on February 22nd 2017 in Employment

Five Week Religious Festival Holiday Request Rejection = Held not Discriminatory.

As an employer,  when faced with the task of approving or refusing leave for an employee to attend religious events or festivals,  it can often be difficult to establish what is, and what is not discriminatory.

The recent case of Gareddu v London Underground may carry some level of guidance for employers faced with such decisions.

Gareddu v London Underground

The claimant, G, a practicing Roman Catholic from Sardinia requested extended annual leave of 5 weeks each year in August to attend several consecutive religious festivals with his family in Sardinia.

G’s request for extended annual leave had been approved every year since...

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