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Employment Law Newsletter - April 2018
- Constructive Dismissal: A person’s ignorance does not prevent a claim caused by an ‘egregious breach’
- Tribunals: Unparticularised claims – incomplete claim forms
- Tribunals: Good news for Claimants – a ‘good’ reason for delay not necessary to extend time
- Tribunals: Discussing case outside tribunal can result in successful strike out
- Agency workers: Comparison with conditions of permanent employees should be based on a term-by-term approach
- Redundancy: Pregnant workers not protected from collective redundancy
- TUPE: Fragmentation of services can prevent a transfer
- Sexual Harassment: EHRC issues new report with recommendations
- Gender Pay Gap: 2018 snapshot information and going forward
- Data Protection Update: New draft regulations and guide published
- Compensation: Vento Bands Guidance Update
Constructive Dismissal: A person’s ignorance does not prevent a claim caused by an ‘egregious breach’
In Mruke v Khan  EWCA Civ 280, the Court of Appeal found that the behaviour of the employer was such an 'egregious breach' of law that despite the employee’s illiteracy and ignorance of her rights, it was clear that she had resigned in response to that …
Tribunals: Unparticularised claims – incomplete claim forms
The ET1 is the standard form which must be completed in order for an employee to bring a claim against their (former) employer. In it, the claimant must set out what is commonly referred to as the ‘particulars of claim’ – essentially the background and details of the claim and the specific facts relied upon. In …
Tribunals: Good news for Claimants – a ‘good’ reason for delay not necessary to extend time
In Abertawe Bro Morgannwg University Local Health Board v Morgan  EWCA Civ 640 the EAT had to consider whether, when considering granting an extension of time, a tribunal should be satisfied that there was a good reason for the delay in order to make granting the extension …
Tribunals: Discussing case outside tribunal can result in successful strike out
In Chidzoy v British Broadcasting Corporation  UKEAT 0097_17_0504 the Claimant took part in a conversation with a journalist during a break in the course of her giving evidence (and therefore whilst under oath) to the tribunal. Despite 6 previous warnings from the tribunal not to discuss the case …
Agency workers: Comparison with conditions of permanent employees should be based on a term-by-term approach
The meaning of regulation 5(1) of the Agency Workers Regulations 2010 (SI 2010/93) (AWR) has had its first consideration before the EAT. Reg 5(1) says that agency workers must be afforded "the same basic working and employment conditions" as permanent employees after 12 weeks.
Redundancy: Pregnant workers not protected from collective redundancy
The Pregnant Workers Directive (92/85/EEC) prohibits the dismissal of workers during the period from the beginning of their pregnancy to the end of their maternity leave (save for exceptional cases not connected with their condition which are permitted under national legislation and/or practice). In a recent Spanish case …
TUPE: Fragmentation of services can prevent a transfer
In London Care Ltd & Carewatch Care Services Ltd v Henry & Others (2018) UKEAT_0219_17_DA (a conjoined case), the EAT had to consider whether the relevant services had been fragmented to such a degree after the change in service provider as to prevent any TUPE transfer taking place.
The claimants worked for Sevacare, a …
Sexual Harassment: EHRC issues new report with recommendations
Following a number of recent public scandals regarding sexual harassment, such as in Hollywood and Westminster, the Equalities and Human Rights Commission has taken action and issued a new report: ‘Turning the tables: ending sexual harassment at work’. It shares evidence about sexual harassment in the workplace …
Gender Pay Gap: 2018 snapshot information and going forward
The first snapshot dates were 31 March for public sector employers and 5 April for private and voluntary organisations, meaning that all employers with 250 employees or more had to provide their information by 30 March and 4 April respectively. It has made for very interesting reading and will hopefully lead to a change …
Data Protection Update: New draft regulations and guide published
On 20 February 2018, the government published the draft Data Protection (Charges and Information) Regulations 2018. The plan is for these to be finalised and come into force on 25 May 2018 in line with the GDPR.
The draft regulations, which replace the Data Protection (Notification and Notification Fees) Regulations 2000 (SI 2000/ …
Compensation: Vento Bands Guidance Update
The Presidents of the Employment Tribunals in England & Wales and Scotland have issued an update to the bands of awards for injury to feelings, known as the Vento bands. Whilst this is not binding on the tribunals, they must have regard to it. In respect of claims presented on or after 6 April 2018, the Vento bands shall be:
a lower band of …
Employment Law Newsletter - March 2018 (Part 2)
- Unfair dismissal: Head Teacher’s dismissal for non-disclosure of relationship with sex offender upheld
- Redundancy: When employers should consider ‘bumping’ employees
- Disability Discrimination: Does an employee’s belief of disability extend to employer’s knowledge?
- Disability: What counts as cancer?
- Holiday Pay: Capping holiday pay for term-time workers
- Tribunals: Time limits for bringing claims
- Tribunals: Costs awards can include work prior to the ET3
- Changes to statutory wage payments from beginning of April
- Tribunal compensation limits will increase
- Changes to termination payments
- Childcare Voucher Scheme: Deferred closure
- ICO publishes ‘An Introduction to the Data Protection Bill’
Unfair dismissal: Head Teacher’s dismissal for non-disclosure of relationship with sex offender upheld
In July 2016 we reported on the case of A v B and another  where the head teacher was dismissed by the school for misconduct when they discovered she had not disclosed her relationship with a person who had been convicted of making indecent images of children. She argued that …
Redundancy: When employers should consider ‘bumping’ employees
For those not in the know, ‘bumping’ is when an employer decides to dismiss Employee B instead of Employee A. E.g. where Employee A’s role is redundant and finding them another role displaces Employee B instead, so essentially, Employee B is bumped for Employee A.
In Mirab v Mentor Graphics (UK) Ltd& …
Disability Discrimination: Does an employee’s belief of disability extend to employer’s knowledge?
In Toy v Chief Constable of Leicestershire UKEAT 0124/17/LA the claimant had been dismissed as a Police Constable during probation as a result of performance concerns. However, the claimant had been a PCSO for a number of years prior to this and yet, during the termination …
Disability: What counts as cancer?
According to Schedule 1, paragraph 6 of the Equality Act 2010, cancer is a ‘deemed' disability. This means that there is no need for a Claimant to demonstrate their disability under s.6(1) of the Act (i.e. that they have an impairment with a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities). The question …
Holiday Pay: Capping holiday pay for term-time workers
In Brazel v The Harpur Trust UKEAT/0102/17 the claimant was a part-time music teacher at a school working during term-time only. She had a contractual right to 5.6 weeks holiday pay mirroring her statutory right. The school calculated her holiday pay on the basis of 12.07% of her total pay over the year, reflecting 5.6/46.4 weeks. …
Tribunals: Time limits for bringing claims
The case of Royal Mail Group Ltd v Jhuti continues (see our last briefing in July 2017), this time back in the EAT as regards the issue of timing for the detriment caused to Ms Jhuti. Her claim for unfair dismissal had previously been considered by the Court of Appeal who reversed the EAT’s decision, holding that the material decision …
Tribunals: Costs awards can include work prior to the ET3
In Sunuva Ltd v Martin UKEAT 0174/17 the claimant brought a claim, amongst other things, for unfair dismissal. At the final hearing, however, the respondent’s witness admitted that their decision to dismiss had been predetermined. As a result the claimant was awarded costs of £17,136.90. The respondent appealed on the …
Changes to statutory wage payments from beginning of April
As ever, April brings key changes in employment law with regard to statutory payments.
1. The National Minimum Wage (Amendment) Regulations 2018 will come into force on 1 April 2018, replacing the current National Living Wages as follows:
for workers aged 25 or over, an increase from £7.50 to £7.83 per hour; …
Tribunal compensation limits will increase
On 6 April 2018, the Employment Rights (Increase of Limits) Order 2018 will come into force increasing:
the maximum compensatory award for unfair dismissal from £80,541 to £83,682; and
the maximum amount of a week's pay (for calculating statutory redundancy payments and other awards including the basic and additional awards for …
Changes to termination payments
HMRC has new rules regarding the taxation of termination payments made where both payment and termination takes place on or after 6 April 2018. All payments in lieu of notice, including payments where there is no contractual PILON power, will be subject to income tax and class 1 NICs. This means that if and to the extent that notice is not worked, employers …
Childcare Voucher Scheme: Deferred closure
During a recent Commons debate, the issue of the closure of the existing childcare voucher scheme was raised and Secretary of State for Education, Damian Hinds MP, announced that the closure of the scheme would be deferred for a further 6 months (until October 2018). Employees who have not yet joined existing schemes will need to act swiftly …