Employment

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TUPE: Events subsequent to transfer are relevant to consideration of whether there is a service provision change

ICTS UK Ltd v Mahdi UKEAT/0133/15

Under Regulation 3(3)(a)(ii) of TUPE 2006 there will not be a service provision change if the relevant activities are carried out in connection with a single specific event or task of short-term duration. In ICTS UK Ltd v Mahdi, ICTS provided security services for Middlesex University at a number of vacant sites.  Middlesex then sold the premises to AUCMS.  ICTS continued to provide security services from July 2013 (when the sites were sold) until November 2013 when AUCMS appointed another security company, FCSG.

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Equality Act and Discrimination: Reasonable adjustments should be made for disabled applicant at job interview

Waddingham v NHS Business Services Authority ET/1804896/13 and 1805624/13

An ET has ruled in Waddingham v NHS Business Services Authority that a disabled applicant (undergoing debilitating cancer treatment) was discriminated against when he was invited to attend a competitive interview.

Continue reading Equality Act and Discrimination: Reasonable adjustments should be made for disabled applicant at job interview

Discrimination arising from disability when verbal reference commented on absences

Pnaiser v NHS England and Coventry City Council UKEAT/0137/15 

The EAT in Pnaiser v NHS England and Coventry City Council found that there had been discrimination when the Council gave a negative reference to a future employer.

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Discrimination in the remuneration of chaplains

Naeem v Secretary of State for Justice [2015] EWCA Civ 1264

The Court of Appeal has considered whether there was discrimination in the pay arrangements of chaplains in HM Prison Service. In Naeem v Secretary of State for Justice as at November 2010 there were 353 employed chaplains of which 109 were Church of England, 112 Christian of other denominations, and 89 Muslim. Mr Naeem was an imam who was appointed a chaplain at HMS Bullingdon.

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TUPE : Acquired Rights Directive applies when work is in-sourced

Administrador de Infraestructuras Ferroviarias v Aira Pascual and others [2015] EUECJ C-509/14

The ECJ has ruled that the Acquired Rights Directive applies where a public undertaking (in this case a railway authority) takes back in-house the management of rail freight from a private company to which it had outsourced the work. The private company had used the railway authority’s own facilities and equipment.

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TUC Surrogacy Guide

The Trade Union Congress has published guidance on time off and pay for parents having a child through surrogacy arrangements.

https://www.tuc.org.uk/publications/time-and-pay-parents-having-child-through-surrogacy

 

ACAS Guide on Disability Discrimination

ACAS has published guidance on how to handle disability discrimination and how to reduce the chance of future discrimination. 

http://www.acas.org.uk/media/pdf/4/j/Disability-discrimination-key-points-for-the-workplace.pdf

Draft National Minimum Wage Regulations

The draft NMW Regulations 2016 have been laid before Parliament and will come into force on 1 April 2016. The National Living Wage of £7.20 per hour will be paid to workers aged 25 and over and workers under the age of 25 will receive the NMW. The financial penalty for employers who underpay has increased from 100% to 200% of the underpayment per worker.

2016/17 Statutory Payments

The Department for Work and Pensions has published the proposed benefit and pension rates for 2016/17:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/480317/proposed_benefit_and_pension_rates_2016_to_2017.pdf

There are no increases to the rates.

Guidance on recruitment and retention of transgender staff

The Government Equalities Office has published guidance on the recruitment and retention of transgender staff. The guidance includes practical advice, suggestions and ideas.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/484855/The_recruitment_and_retention_of_transgender_staff-_guidance_for_employers.pdf

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