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Archive for the: Employment category

Mental Health in the Workplace: Fit notes

Posted by on September 27th 2017 in Employment

Mental Health in the Workplace: Fit notes

In the UK, employees are entitled to statutory sick pay of up to 28 weeks. Whilst nothing is required to be produced by the employee for sickness leave of seven days or less, an employee who is absent for longer must provide a “fit note” (previously known as a doctor’s note or sick note). A fit note is a record of advice from the employee’s doctor to their employer. It is not legally binding but acts as confirmation of the sickness, as well as providing the employer with some details as to an expected return date, and what the employer...

£1,000,000 Paid to Employees after Adminstration

Posted by on September 25th 2017 in Employment

£1,000,000 Paid to Employees after Adminstration

A recent Employment Tribunal has ordered the payment of approximately £1,000,000 to nearly 300 former staff of the European Division law firm who’s employment was terminated when it went into administration. The Tribunal held that the firm had failed to carry out a proper redundancy consultation with the staff. It is essential that when over 100 redundancies are proposed, or considered a possibility, a formal consultation process is entered into. When over 100 staff are effected, the employer must carry out as a minimum, a formal 45 day consultation process before making staff redundant. The law firm had started the...

EAT: Voluntary Overtime, Standby Allowances and call-out Payments should be Included in Holiday Pay Calculations if Sufficiently Regular

Posted by on August 7th 2017 in Employment

In the landmark case of Dudley Metropolitan Borough Council v Willetts and others, the Employment Appeal Tribunal (EAT) gave the first binding decision to confirm voluntary overtime should be included in holiday pay.

The case involved 56 council workers employed as tradesmen, who worked their day jobs and also carried out voluntary overtime and other additional duties such as standby shifts and out-of-hours call outs. The regularity of these voluntary duties was decided wholly by the employees, and they were paid additional wages in respect of them, as well as receiving travel and mileage allowances. The workers brought claims in the...

Supreme Court Ruling - Employment Tribunal Fees Quashed

Posted by on August 2nd 2017 in Blog Posts, Employment

Supreme Court Ruling - Employment Tribunal Fees Quashed

A Supreme Court decision in the case of R (on the application of Unison) v Lord Chancellor has declared that the Employment Tribunal and Employment Appeal Tribunal Fees Order 2013 (Fees Order), which imposes fees for employment tribunals, to be unlawful and prohibitive as it prevents access to justice. The Fees Order was found to be unlawful under both domestic and EU law. It has been called a landmark ruling and is perhaps one of the most important judgements in employment law in the last 50 years.

As a result of the ruling, from 26th July 2017 tribunal fees cease to...

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...

Gender Pay Gap Reporting: What Companies Need to Know

Posted by on July 21st 2017 in Blog Posts, Employment

Gender Pay Gap Reporting: What Companies Need to Know

In recent news; Emma Stone shone a light on the difference in pay between actors and actresses, and the BBC released a list of their highest paid male and female earners.

Because of this large companies will be considering the reputational impact the release of such information will have on their businesses.

The Gender Pay Gap Regulations 2017, mean employers in the private, public and voluntary sector with 250 or more employees will be required to publish their “gender pay gap” by April 2018. 

Companies will have to publish a number of calculations to both their website and a government website, which...

Whistleblowing is belief whether a disclosure protected important?

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

Whistleblowing is belief whether a disclosure protected important?

Case Report - Beatt v Croydon Health Services NHS Trust [2017] EWCA Civ 401

Background:

In this case the Court of Appeal held that in a case concerning a whistleblowing dismissal, it does not matter if the employer genuinely believed that a disclosure was not protected. If the disclosure satisfies the objective test set out in Part IVA of the Employment Rights Act 1996, then it is a protected disclosure. To recap, the test relating to a protected disclosure (in brief) is as follows:

  1. It must be a qualifying disclosure. In order to be qualifying, the employee must have the reasonable...

Government Legal Service v Brookes

Posted by on May 16th 2017 in Blog Posts, Employment

Multiple Choice Assessment taken by Applicant with Aspergers Subjected Her to Indirect Disability Discrimination

In the recent ruling, Government Legal Services v Brookes UKEAT/0302/16, the Employment Appeals Tribunal (EAT) upheld the decision of an Employment Tribunal that requiring a job applicant with Aspergers to take a multiple choice test as part of the recruitment process amounted to indirect discrimination.

The Facts

Ms Brookes applied for a position with the Government Legal Service (GLS) whose jobs are highly sought after and whose recruitment is notoriously competitive. Applicants are required to complete and pass a multiple choice situational judgement test in order 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...

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