The employer not the client determines who is assigned to an organised grouping of employees. In Jakowlew v Saga Care, the Claimant was employed by Saga and was assigned to a contract for the London Borough of Enfield (“Enfield”). Enfield directed that the Claimant should be removed from the contract. Saga did not agree and … Continue reading TUPE
Was it unfair to dismiss an employee for historic comments made on Facebook which he claimed were untrue? No, held the EAT in British Waterways Board v Smith. The R employed the C as a manual worker working a 7 day rota maintaining the Scottish inland waterways. The C was on standby for seven days one … Continue reading Unfair dismissal?
Warning for all HR Officers supporting internal procedures The EAT in Ramphal v Department for Transport UKEAT/0352/14/DA confirmed that while it is entirely appropriate for managers to seek guidance from their HR team when conducting disciplinary procedures, from investigation through to appeal, that guidance must be limited to advice essentially on the law and procedure … Continue reading Disciplinary Warning
Gender Pay Gap Reporting In accordance with the SBEEA 2015, by 26 March 2016, the Government must enact Regulations requiring employers with at least 250 employees to publish information about their gender pay gap. While it is not clear how the government intends to draft such regulations, s78 Equality Act 2010 proposed that such regulations would require … Continue reading July 2015 – Looking Ahead
While 60% of men and 64% of women believe Shared Parental Leave (SPL) is a good idea (Modern Families Index 2015), employers are faced with a complex administrative burden and potential discrimination claims. SPL came into force in December 2014 for babies born after 5 April 2015. The right to share parental leave for eligible employees … Continue reading Shared Parental Leave is proving to be a nightmare to administer for employers
The Employment Tribunals have seen an influx of holiday pay claims following the EAT decision in Bear Scotland. In that case the EAT held that non-guaranteed overtime constituted wages to be taken into account when calculating holiday pay for the minimum four weeks’ statutory annual leave as required by the WTR 1988. However the case has … Continue reading Retrospective Holiday Pay Claims Limited to 2 Years
Direct discrimination – No need to consider mental processes of those influencing the sole decision-maker The Court of Appeal in CLFIS (UK) Ltd v Reynolds has confirmed that the Tribunal should only focus on the motivation of the decision maker and not taken into account the motivation of anyone attempting to influence that decision. There may … Continue reading Equality and Diversity
Common Sense Prevails – Collective Consultation in Redundancy Procedures Back to Normal Employers can breathe a sigh of relief following the ECJ’S definitive ruling in the long running dispute on collective consultation in redundancy procedures. This case was instigated following the collapse of Woolworth’s and Ethel Austin, which both went into administration and dismissed all … Continue reading Redundancy