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Oct
06
2017

What’s the beef? TUPE regulations apply even where large part of job becomes automated
#Employment

In Anglo Beef Processors v Longland and Meat & Livestock Commercial Services, Mr Longland had been employed as a carcass service officer for Meat & Livestock, manually classifying carcasses in an abattoir....

Oct
06
2017

Addison Lee drivers get the green light to be treated as workers
#Employment

In another important ruling relating to the gig economy, London Central Tribunal has held that drivers of Addison Lee are not self-employed, but are in fact workers. Drivers brought their case to the Employment Tribunal in July supported by the trade union GMB, who has supported similar claims by Uber drivers....

Oct
06
2017

Up to 20% of minimum wage workers are underpaid
#Employment

The Low Pay Commission, which advises the government on minimum wage levels, has released its annual report. The report stated that as many as 20% of workers may not receive the National Living Wage (the variant of National Minimum Wage for those aged 25 or over) immediately after a rate rise. This means that between 305,000 and 580,000 workers may not receive the wage they are entitled to by law. After a period of between three and six months, this drops to 13%....

Sep
22
2017

Uber and Out?
#Employment

In recent months, set-backs and negative press have been common for Taxi hailing App Uber, but the latest blow may be terminal for their business in London....

Sep
22
2017

(Not) Leaving on a Jet Plane – Thomas Cook injunction attempt against striking pilots fails
#Employment

Since 1 March 2017, one of the conditions for a strike ballot to be lawful is that voting papers must include the period in which the proposed industrial action is to take place....

Sep
22
2017

Two respondents, one EC Certificate - EAT overturns decision to reject claim because claimant had not completed separate EC forms for each respondent
#Employment

In the case of De Mota v ADR Network, Mr De Mota was employed as an LGV Driver with ADR Network and lost his job after a complaint was made against him by the Co-op, one of ADRs customers. He submitted a claim against both parties with an Early Conciliation (EC) Certificate naming both companies as respondents....

Sep
15
2017

Not Lovin’ It - McDonald’s workers take part in first UK strike
#Employment

Last week McDonald’s was hit by its first strike since first opening its doors in the UK in 1974. Workers took to the picket line amid concerns over low wages and the use of zero-hours contracts....

Sep
15
2017

BBC gets the ball rolling to tackle its gender pay gap
#Employment

Following the controversy surrounding BBC’s gender pay gap report, (please see our report from earlier this summer) it is unsurprising that the broadcaster has quickly announced plans to tackle its gender pay gap....

Sep
15
2017

ACAS publishes guidance on supporting parents with ill or premature babies
#Employment

ACAS has published guidance providing important information for both employees and employers in relation to premature births or full-term births where a child is ill....

Sep
07
2017

Increase to damages bands for injury to feelings and psychiatric injury
#Employment

The Presidents of the Employment Tribunal in England, Wales and Scotland have released a joint response to the Vento Bands Consultation (named after the case Vento v Chief Constable of West Yorkshire Police in which these bands were originally set out). These bands apply to discrimination cases, as well as other specific types of claim such as whistleblowing....

Sep
07
2017

Deposit order disaster: EAT confirms deposit orders should not be used to clarify cases
#Employment

In the case of Tree v South East Coastal Services Ambulance NHS Trust, the EAT held that a Tribunal cannot make a deposit order merely because the Claimant’s case is unclear....

Sep
01
2017

Government proposes new requirements for companies to reveal pay ratio between bosses and workers
#Employment

The government has announced a series of reforms aimed at increasing boardroom accountability and enhancing trust in business. These are a partial implementation of pledges in the Conservative manifesto for the May 2017 general election, which itself was much less alarming to businesses than Theresa May’s July 2016 Conservative party leadership campaign pledge to have employees represented on company boards....

Sep
01
2017

Asda Equal Value claims latest
#Employment

Last October, we reported the Employment Tribunal decision that 7,000 predominantly female in-store Asda employees, who do work such as shelf-stacking and checkout roles, have common terms of employment with predominantly male warehouse-based employees, despite the different places of work and different job descriptions for the roles in question....

Sep
01
2017

ACAS guidance published on supporting trans employees in the workplace
#Employment

Following a summer filled with Pride events up and down the country, ACAS has also shown its support for the LGBT+ Community through the release of their new research paper, ‘Supporting trans employees in the workplace’....

Sep
01
2017

Tribunal fees: should you prepare for a deluge of claims and what happens next?
#Employment

It has been a tumultuous few years for the Conservative party and the recent Supreme Court ruling has added to the party’s list of woes. The government will now have to repay £32m to parties following the Court’s unanimous decision that the tribunal fee regime was unlawful....

Aug
18
2017

TalkTalk fined by ICO for subcontractor’s abuse of personal data
#Employment

Following complaints from customers of scammers calling with personal details such as account numbers, TalkTalk’s investigators found that 3 employees...

Aug
18
2017

Would following in Norway’s footsteps help address the UK’s gender pay gap?
#Employment

In Norway, details of individuals’ net income, net assets and amount of tax paid are all accessible to the general public. An individual may simply use their national ID...

Aug
18
2017

Passport to Supreme Court for Pimlico Plumbers
#Employment

Last week in Gascoigne v Addison Lee an Employment Tribunal decided that a cycle courier was a worker and not self-employed. Following the pattern emerging from other similar cases, the Tribunal ...

Aug
18
2017

Claimants no longer need to “shift the burden of proof” in discrimination claims
#Employment

Section 136 of the Equality Act 2010 is headed “the burden of proof”. It has long been considered that in discrimination cases the claimant has to show a ‘prime facie’ ...

Aug
11
2017

Tribunal Fees: Resurrecting rejected claims?
#Employment

The Supreme Court decision on 26 July 2017 that Employment Tribunal fees were unlawful was expected to have wide-ranging repercussions ...

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