In addition to the extensive range of articles available on our site, we have archived all articles pre 1 January 2014. If you cannot find what you are looking for, please Contact Us and we will be happy to assist.
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 …
Cutting corners on immigration checks might cost UK employers in the long run
SPEEDREAD: Where the Home Office finds that a UK employer has employed individuals without a right to work in the UK, and/or the business has not carried out correct (follow up) right to work checks, they may be issued with a civil penalty of up to £20,000 per illegal worker.
When Immigration Enforcement, a part …
Employment Law Newsletter – April 2019
- Minimum Wage: Is being on-call considered ‘time-work’, and therefore minimum wage applies?
- Contract of Employment: Variation of a discretionary bonus
- Vicarious liability: Employer not liable for Christmas party injury
- Tribunal Procedure: List of issues not pursued by claimant
- Long-term disability: Employee PHI benefits apply to returning to same job
- Unfair Dismissal: Not unfair to dismiss after tribunal and disciplinary
- TUC Survey: Britons work longer than rest of Europe
- HMRC: New guidance published regarding change to IR35 rules
- Tribunals: Modernisation plan from 2019-20 to reform tribunals
- Mental Health at Work: New CIPD report shows workers increasingly absent from work due to stress
- Equality: New GPG figures show gap is actually widening in favour of men
Minimum Wage: Is being on-call considered ‘time-work’, and therefore minimum wage applies?
This was the question before the EAT in Frudd & Frudd v The Partington Group Ltd UKEAT/0240/18/OO. The Claimants, Mr and Mrs Frudd, were a warden/receptionist team who worked at a caravan site. During the open season they worked shifts which finished between 4.30pm and 8pm and were …
Contract of Employment: Variation of a discretionary bonus
In Bluestones Medical Recruitment Ltd v Swinnerton UKEAT/0197/18/BA Mr Swinnerton made a claim for unlawful deduction from wages after he was not paid a bonus he claimed was due to him. His contract stated any bonus was discretionary but he claimed that when he had been promoted to General Manager there had been a further …
Vicarious liability: Employer not liable for Christmas party injury
In Shelbourne v Cancer Research UK  EWHC 842 (QB), whilst at a work Christmas party, one attendee had attempted to lift another (the Claimant, an employee) on the dancefloor but dropped her, causing her a serious back injury. The Claimant took the matter to the County Court, claiming the employer (CRUK) was …
Tribunal Procedure: List of issues not pursued by claimant
In Kouchalieva v London Borough of Tower Hamlets UKEAT/0188/18/JOJ the EAT had to consider whether the tribunal had made an error or not. The Claimant, representing herself, had brought claims against her former employers, the London Borough of Tower Hamlets, of unfair dismissal and disability discrimination. In some cases, …
Long-term disability: Employee PHI benefits apply to returning to same job
In ICTS (UK) Limited v Visram UKEAT/0133/18 Mr Visram worked as an International Security Co-ordinator but went on sick leave with work-related stress and depression. The Claimant became entitled to Long Term Disability Benefit (“LTDB” aka permanent health insurance) under his employment after 26 …
Unfair Dismissal: Not unfair to dismiss after tribunal and disciplinary
In Radia v Jeffries International Ltd UKEAT/0123/18/JOJ, a Managing Director of a FCA-regulated financial services company had taken his employer to tribunal over two claims – one for disability discrimination and a later claim of victimisation. The first tribunal found that “in several areas of his …
TUC Survey: Britons work longer than rest of Europe
The TUC has recently published results of a survey they have conducted into working hours in 2018. The interesting results are that the British work an average of 42 hours a week (which equates to two and half weeks a year), and this is almost two hours longer than the European average (40.2) and five hours more than the Danes, who racked …
HMRC: New guidance published regarding change to IR35 rules
IR35 is the name given to tax legislation that is aimed at identifying individuals who supply services to clients via their own company and who are avoiding paying the full amount of tax that they should be. The rules have been changing for a while, with the most recent changes concerning those working in the public sector, but new …
Tribunals: Modernisation plan from 2019-20 to reform tribunals
In January 2019, Sir Ernest Ryder, Senior President of the Tribunals, published a report entitled ‘The Modernisation of Tribunals 2018’ setting out his proposed strategy for the reform of the whole tribunal system, including the immigration and employment tribunals. Following on from that, he has now published his …
Mental Health at Work: New CIPD report shows workers increasingly absent from work due to stress
The CIPD and Simplyhealth recently published the results of their nineteenth annual survey which shows that nearly two-fifths of UK businesses (37%) have seen an increase in stress-related absence over the last year. The survey is designed to explore the trends and practices in health, well- …
Equality: New GPG figures show gap is actually widening in favour of men
The deadline for large private sector organisations to publish their gender pay gap figures recently passed and it seems that producing this information is, so far, not having the desired effect. Nearly ten and a half thousand companies filed their data on time, but a worrying 45% of these show an increase in the gap …
What’s happening in the world of UK immigration from 29 March 2019?
SPEEDREAD: There will be a short extension to Brexit and from 29 March 2019, there are changes to the UK immigration system which affect UK employers who hold a Tier 2 sponsor licence.
For many months, we have known that Brexit will take place on 29 March 2019 as enshrined in the European Union (Withdrawal) Act 201 …