Clarkslegal LLP - Solicitors in Reading and London

Employment - Legal Updates

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Jan
06
2017

Do men actually earn less than women when it comes to part time work?
#Employment

Conservative MP Phillip Davies, a recently elected member of the Commons Women and Equalities Committee, has claimed that men actually earn less than women in part-time work. Could this be a surprising twist in the tale of gender pay gaps?...

Jan
04
2017

Tribunal not entitled to look behind earlier warning in unfair dismissal case
#Employment

In Perry’s Motor Sales Ltd v Edwards, the Claimant, a car dealership manager was dismissed for misconduct. The Claimant had previously received a final written warning for similar conduct which related to tampering with company paperwork. The Claimant did not appeal this warning, nor did he challenge its validity in his unfair dismissal claim....

Dec
29
2016

Employer’s view on employee’s dishonesty that matters, not Tribunal’s, in claims for re-engagement
#Employment

In the recent case of United Lincolnshire Hospitals NHS Foundation Trust v Farren, the EAT held that it is the employer’s view of the dishonesty of an employee seeking re-engagement that matters, ...

Dec
23
2016

Woman entitled to compensation for failure to pay SMP despite “full and final” ACAS settlement
#Employment

In Campus Living Villages UK v Commissioners for HMRC & Sexton, Ms Sexton was employed by Campus Living as Head of Finance. She was made redundant whilst pregnant and consequently brought claims of unfair dismissal and pregnancy discrimination....

Dec
23
2016

Refusal to grant Priest licence because of same sex marriage was not discriminatory as it was based on an occupational requirement
#Employment

In the recent case of Reverend Canon J C Pemberton v The Right Reverend Richard Inwood, Acting Bishop of Southwell and Nottingham, the Respondent was able to rely on an exception in the Equality Act 2010 to avoid liability for an otherwise discriminatory act....

Dec
22
2016

Medical Evidence Myth Busting
#Employment

Psychiatric illness, such as depression, may come as a consequence of unfair or discriminatory treatment by another employee or their employer. In Hampshire County Council v Wyatt, the EAT held that such injury does not have to be evidenced by expert medical reports (although it is strongly advised)....

Dec
22
2016

Workplace stress, on its own, is not a disability
#Employment

In Herry v Dudley MBC the EAT was asked to consider if stress amounted to a disability under the Equality Act. Further, it was asked to consider if the Tribunal had fully considered the Claimant’s ability to pay when ordering him to pay all the Respondent’s costs (in excess of £100,000)....

Dec
16
2016

Keep this between you and me…and the Tribunal
#Employment

Protected conversations were introduced to allow employers to have an “off the record” discussion with an employee concerning their exit. Evidence of pre-termination negotiations is inadmissible in ordinary unfair dismissal claims unless there is improper behaviour. Unfortunately for the employer in Lenlyn UK Ltd v Kular, they discovered this exception the hard way....

Dec
14
2016

Trade Union Act – Regulations on ‘important public services’ published
#Employment

As reported back in May, the Trade Union Act 2016 introduces new requirements relating to balloting for industrial action. In particular, such ballots will require a 50% turnout and, for important public services, a 40% supporting vote before industrial action can be taken....

Dec
13
2016

Employee Travel Disruption and Worker Rights
#Employment

With the news regarding the widespread disruption to public transportation around London as a result of the industrial action by Southern Rail drivers, important questions arise:...

Dec
09
2016

Police Force entitled to set upper age limit in recruitment
#Employment

In the recent case of Gorka Salaberria Sorondo v Academia Vasca de Policia y Emergencias the European Court of Justice determined that the imposition of an upper age limit of 35 years for new recruits to Basque Police Force was not in contravention to EU law....

Dec
09
2016

Review launches into ‘modern employment practices’
#Employment

The news is awash with stories of how companies treat their staff, whether it’s delivery drivers working as self-employed contractors, university lecturers ...

Dec
09
2016

Gender Pay – The Revised Regulations and what to do now
#Employment

This week the Government has laid its revised Gender Pay Gap Regulations before Parliament for approval (the “Regulations”). It is expected that the Regulations will be passed by the end of January and come into force in April 2017....

Dec
09
2016

Off the naughty list? Company not liable for injuries caused by employee after work Christmas party had ended
#Employment

In the recent case of Bellman v Northampton Recruitment Ltd, the High Court held that a company was not vicariously liable for an assault by its director on an employee which took place after the employer’s Christmas party had ended when the two individuals, along with other employees, went back to a hotel to continue drinking....

Dec
06
2016

Improving Lives: A Work and Health Plan to Help Disabled People into Employment
#Employment

Whilst the rate of employment for the non-disabled population is currently 80%, only 48% of disabled people are in employment. ...

Dec
06
2016

Autumn Statement
#Employment

Last week the Chancellor of the Exchequer, Philip Hammond, gave his first Autumn Statement....

Dec
06
2016

New Sanctions to Enforce National Minimum Wage/National Living Wage
#Employment

On 25 November 2016, two new sanctions came into force which can be used by HMRC where it finds a failure to pay the applicable rate of National Minimum Wage/National Living Wage....

Nov
25
2016

Dishonesty in the workplace
#Employment

You may have seen in the news the case of Mrs Wood, a senior nurse, who recorded her colleague’s temperature on a screening form at Heathrow Airport as 37.2C despite knowing it to be at least one degree higher. ...

Nov
25
2016

EU General Data Protection Regulations in a (nearly) post-Brexit UK…
#Employment

Earlier in the year and before the Brexit results were announced we blogged on the EU General Data Protection Regulation (the Regulation) and the impact that this would have on employers going forward. But, what’s the story now the UK has voted to leave the EU - will the Regulation still apply to the UK?...

Nov
25
2016

Insensitive decisions could lead to unfair dismissals
#Employment

In Thomas v BNP Paribas Real Estate, the Employment Appeal Tribunal (EAT) held that a Tribunal’s finding that a redundancy process was ‘insensitive and perfunctory’ did not easily sit with its ultimate decision that the process was reasonable and the dismissal fair. ...

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