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Employment Law Newsletter – June 2019
- Disability Discrimination: A perceived risk of future disability is discrimination
- Discrimination: Does contributory negligence affect amount of injury to feelings award?
- Disability Discrimination: Is reliance on Occupational Health reports sufficient to prevent constructive knowledge of a disability?
- Right to Privacy: Employer can rely on material produced under police investigation
- Trade Unions: One-off direct offer is not unlawful inducement
- Tribunal proceedings: Extensions of time where belief reasonable
- Holiday Pay: Under the Working Time Directive holiday pay must include regular voluntary overtime
- Sexual Harassment and Discrimination: WEC publishes report on use of NDAs in discrimination cases
- Health & Safety: Employers should support victims of domestic abuse
- Health & Safety: IES publishes report regarding support for epileptic workers
- Data Protection: One year on since implementation of GDPR and Data Protection Act 2018
- Parental Leave: UK ranks near bottom for family friendliness
Disability Discrimination: A perceived risk of future disability is discrimination
In Chief Constable of Norfolk v Coffey  EWCA Civ 1061 Lisa Coffey was a police officer in the Wiltshire Constabulary who suffered from a degree of hearing loss which had never caused her any problems in doing her job (‘day to day activities’) and which, everyone agreed, does not constitute a …
Discrimination: Does contributory negligence affect amount of injury to feelings award?
The Law Reform (Contributory Negligence) Act 1945 (‘LRCNA’) basically allows an award for damages to be reduced proportionately where the claimant suffered the damage partly as a result of his/her own actions or those of someone else. It is possible for it to apply to some discrimination claims, …
Disability Discrimination: Is reliance on Occupational Health reports sufficient to prevent constructive knowledge of a disability?
In Kelly v Royal Mail Group Ltd UKEAT/0262/18/RN, Mr Kelly was a postman who had a poor attendance record generally, which had triggered the Royal Mail’s Attendance Policy on several occasions. Following two further periods of absence relating to surgery …
Right to Privacy: Employer can rely on material produced under police investigation
In Garamukanwa v United Kingdom (70573/17)  6 WLUK 109, Mr Garamukanwa and Ms Maclean worked for the same NHS hospital trust, and had had a relationship that had ended. Mr Garamukanwa had then suspected Ms Maclean had had a relationship with another member of staff, Ms Smith. According …
Trade Unions: One-off direct offer is not unlawful inducement
In Kostal UK Ltd v Dunkley & others  EWCA Civ 1009 the company had been negotiating with the employees’ union, UNITE, in respect of certain employment contract terms and conditions through collective bargaining. Section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A) prohibits …
Tribunal proceedings: Extensions of time where belief reasonable
When bringing an employment tribunal claim, a claimant must complete a form ET1 and start the claim within certain prescribed time limits. In Lowri Beck Services Ltd v Brophy  UKEAT 0277_18_2503, the original Claimant, Mr P Brophy, brought claims of unfair and wrongful dismissal and of disability discrimination …
Holiday Pay: Under the Working Time Directive holiday pay must include regular voluntary overtime
The decision of the EAT in Dudley Metropolitan Borough Council v Willetts and others (which we previously reported in September 2017 has recently been approved by the Court of Appeal in East of England Ambulance Service NHS Trust v Flowers & Others  EWCA Civ 947. A …
Sexual Harassment and Discrimination: WEC publishes report on use of NDAs in discrimination cases
In November 2018, we reported that The Women and Equalities Committee (WEC) had launched a new inquiry looking at the use of non-disclosure agreements (NDAs) where any form of harassment or discrimination has been alleged. The committee was seeking written submissions on whether there are …
Health & Safety: Employers should support victims of domestic abuse
The figures on domestic abuse are shocking:
“Two women a week are killed by a partner or former partner. One in four women and one in six men will experience domestic abuse in their lifetime, which can range from coercive behaviour to murder. That means we are all likely to know or work with someone …
Health & Safety: IES publishes report regarding support for epileptic workers
One in 100 people in the UK suffer with Epilepsy but they are more than twice as likely as non-sufferers to be unemployed. The Institute for Employment Studies (IES) was commissioned by Epilepsy Action to conduct research to explore the factors that contribute to people with epilepsy being disadvantaged at work, …
Data Protection: One year on since implementation of GDPR and Data Protection Act 2018
Can you believe it’s been a year since we all scrambled to get our policies, permissions and records straight? It has been a big change to the regulatory landscape and privacy is now arguably much better understood and appreciated.
The Information Commissioner, Elizabeth Denman, explains:
Parental Leave: UK ranks near bottom for family friendliness
The BBC recently reported that the UK is one of the worst countries in Europe for paid parental leave, according to UNICEF. Researchers for UNICEF looked 31 European countries and ranked them according to their paid parental leave and affordable childcare to assess how family-friendly they are. The UK came in at a disappointing …
What's the deal with Brexit and the EU Settlement Scheme?
SPEEDREAD: This article touches on the latest on Brexit, and the EU Settlement Scheme. The “Scheme” fully opened on 30 March 2019 and allows EEA/ Swiss citizens and family members to voluntarily apply for free, for a new form of UK immigration status to continue living and working in the UK post-Brexit.
At a recent …
Employment Law Newsletter – May 2019
- Disability Discrimination: Making the most reasonable adjustments to overcome the employee’s disadvantage
- Disability Discrimination: Dismissal discriminatory even if employer only learned of disability at appeal
- Indirect Discrimination: Enhancing maternity pay but not shared parental pay
- Unfair dismissal: Improper proselytising cause for fair dismissal
- Whistleblowing: Does the UK tribunal have jurisdiction for seconded co-workers on an EU mission?
- Mental Health Awareness Week: Body Image
- Workplace stress has driven up number of disability discrimination cases
- National Minimum Wage: Low Pay Commission finds non-compliance ongoing
- Wages are stalling despite record employment figures
Disability Discrimination: Making the most reasonable adjustments to overcome the employee’s disadvantage
In Linsley v Commissioners For Her Majesty’s Revenue And Customs UKEAT/0150/18/JOJ Mrs Linsley was employed by HMRC. She has a condition called ulcerative colitis, and it means she needs easy access to toilets and the condition is exacerbated by stress. On the advice of …
Disability Discrimination: Dismissal discriminatory even if employer only learned of disability at appeal
In Baldeh v Churches Housing Association of Dudley and District Ltd  UKEAT/0290/18 the employer had had concerns about her performance and behaviour and at the end of a six-month probationary period she was dismissed. She appealed the decision, informing them of her …
Indirect Discrimination: Enhancing maternity pay but not shared parental pay
Two appeals have been heard by the Court of Appeal recently (Hextall v Chief Constable of Leicestershire Police and Ali v Capita Customer Management) because they covered the same point – is it sex discrimination for employers to enhance pay for women on maternity leave, but offer only the statutory rate for …
Unfair dismissal: Improper proselytising cause for fair dismissal
In Kuteh v Dartford and Gravesham NHS Trust  EWCA Civ 818, the Claimant was a nurse who assessed patients pre-operations. She used these meetings to discuss her religion with patients including saying prayers and asking patients to sing psalms with her, which resulted in complaints being filed. The matron told the …
Whistleblowing: Does the UK tribunal have jurisdiction for seconded co-workers on an EU mission?
In Foreign & Commonwealth Office & Others v Bamieh  EWCA Civ 803 the question before an employment tribunal was - do the whistleblowing provisions contained in the Employment Rights Act 1996 apply extraterritorially in respect of a claim between co-workers seconded …
Mental Health Awareness Week: Body Image
Last week (13-19 May) was Mental Health Awareness Week, founded in 2001 by charity, The Mental Health Foundation. They run programmes, national campaigns and carry out mental health research. They also provide help and information for businesses, schools, and other communities. The focus of this week was Body Image.
Working conditions and environment can …
Workplace stress has driven up number of disability discrimination cases
As if wanting the best for your workers isn’t incentive enough, recent research carried out by Fox & Partners shows that the number of disability discrimination claims being submitted to employment tribunals has gone up by more than a third between 2017 and 2018. The reason is believed to be stress-induced mental …
National Minimum Wage: Low Pay Commission finds non-compliance ongoing
A government body, the Low Pay Commission, has recently published a report on ‘Non-compliance and enforcement of the National Minimum Wage’. Using up -to-date statistics for April 2018 they have found 439,000 people were paid less than the hourly minimum wage to which they are entitled. Of these, 369,000 were …
Wages are stalling despite record employment figures
The Guardian reports that wages are not going up as fast as they should be. In any other circumstances, when the unemployment rate has fallen to its lowest level in more than 40 years (from 3.9% to a record 3.8%) and the labour market recorded a rise to a new high of 32.7million, one would expect to see an increase in wages. But pay …