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Keep up to date with the latest industry and company news from The HR Company

George v London Borough of Brent

Employment Appeal Tribunal – November 2018

Employment tribunal failed to consider employer’s breach of contractual obligation to provide a trial period when determining fairness of redundancy dismissal.

October Update

World Mental Health Day, statutory parental bereavement leave becomes law and when a resignation is not notice to terminate employment

Talon Engineering Limited v Smith

Employment Appeal Tribunal – August 2018

This case examined whether an individual can be unfairly dismissed, having been denied the opportunity to postpone their disciplinary hearing, despite the fact that their conduct could potentially justify a dismissal.

September Employment Law Update

The Government has set out the consequences, in respect of employment rights, of being unable to agree a Brexit deal when the UK leaves the EU; a BEIS Committee suggests employers with 50 or more employees should be drafted into the requirement to report on their gender pay gap and the Employment Appeal Tribunal declares a refusal to postpone a disciplinary hearing rendered a dismissal unfair.

August Employment Law Update

The Court of Appeal decides that sleep in workers are not entitled to the national minimum wage when asleep, and more employers have been named and shamed for failing to pay the minimum hourly rates to their staff.

In other case law, the Court of Appeal also confirmed the position of the ‘interim period’ between an employee’s dismissal and his successful appeal.

Afzal v East London Pizza Ltd t/a Dominos: importance of appeal

Employment Appeal Tribunal – June 2018 

The EAT has ruled that an employer’s belief that an appeal would make no difference in a right to work dismissal was incorrect. The appeal could have provided opportunity for key evidence against the dismissal, not readily available at the time, to be submitted.

Kocur v Angard Staffing Solutions Ltd: term by term approach required by AWR

Employment Appeal Tribunal – May 2018 

The EAT has ruled that lower annual leave and rest break allowances for agency workers, in comparison to directly employed workers, cannot be compensated by an increased hourly rate of pay, however there is no requirement to provide agency workers with the same number of working hours as the directly employed workers.

Employment Law Update

Recently published Ministry of Justice statistics show a continual increase in the number of employment tribunal claims made since fees were abolished almost a year ago.

The long anticipated Supreme Court ruling in a long-running gig economy case has been published, confirming the Court’s agreement with previous decisions that a “self-employed” plumber was in fact a worker.

Bakkali v GM Buses (South) Ltd

Employment Appeal Tribunal – May 2018 

The EAT has ruled that it was not religious harassment for an employee to ask a Muslim colleague if they were a supporter of Islamic State (IS) because the context of these remarks was not related to the individual’s religion.

May Legal Update

EAT gives landmark judgement on shared parental pay

This month, the Employment Appeal Tribunal (EAT) has handed down its judgement on a direct sex discrimination case involving shared parental pay.

In other case law, the Supreme Court held there was an implied term in all contracts of employment as to the point that a notice period begins.

GDPR Countdown

GDPR comes into force on 25 May 2018. The new rules are intended to meet the needs of a digital age, and require a change in organisational attitude towards data privacy. 

With only a few weeks to go here’s our top tips for how you can make sure you’re ready.

April Employment Law Updates

Changes to the law taking place in April

The new national minimum wage rates are now in operation, as are the new rates for statutory maternity pay and other family friendly rates. Other changes will also take place this month.

Also, the Ministry of Justice has confirmed that the number of employment tribunal claims has increased by 90% in the last year.

Case Law: Collective Consultation

Keeping Kids Company (in compulsory liquidition) v Smith and ors

Employment Appeal Tribunal – February 2018

Was a company required to carry out collective consultation before being placed in compulsory liquidation?

Quick legal round up

The Government has revealed the new maximum employment tribunal awards to take effect from 6 April 2018, and the Supreme Court hears Pimlico Plumbers’ latest appeal in its long-running employment status case.

What to do when adverse weather affects work

Vast weather warnings across the UK have been announced as a blast of cold air from the east is set to bring snow to many parts of the country. Adverse weather, and the knock-on effects, can cause significant disruption to organisations' business operations and affect staffs' ability to safely travel to work.

February Legal Update

Supporting transgender employees in the workplace

Stonewall urges organisations to adopt a zero tolerance position towards gender reassignment discrimination or harassment after a report found many transgender employees hide their gender identity.

In case law, the European Court of Human Rights finds an organisation’s covert surveillance at work infringed employees’ privacy rights.

Changes to DBS Checks

The government revealed last year that changes would be introduced to the way organisations can obtain a basic disclosure. These are set to come into force in January 2018

January Employment Law Update

Latest statistics show huge increase in Employment Tribunal claims and yet another holiday pay decision 

As expected, new Ministry of Justice figures show a significant increase in the number of claims made to the employment tribunal since fees were abolished.

In recent case law, a worker was able to claim holiday pay arrears continuing over 13 years.

December Legal Update

New national minimum wage rates announced

In his Autumn Budget, the Chancellor confirmed the national minimum wage increases which will take effect from April 2018. Also, a new scheme has been announced affecting care sector employers who may have underpaid their workers.

In case law, we have seen conflicting gig economy employment status judgments involving Uber and Deliveroo and a timely Bill has been published to offer further protection to these atypical workers.

November Roundup

Government launches Employment Tribunal fee reimbursement scheme

Claimants who paid an employment tribunal fee can now start to reclaim their money under a scheme recently launched by the Government.

Also, details on the new right to parental bereavement leave have been published, and the EAT looks at whether a disciplinary investigation can be too wide.

October Employment Law Update

Court rules email monitoring breached human rights

An employer breached an employee’s human rights when it read personal emails sent from the employee’s work email account, says the ECtHR. Also, new legislation is in force from October and, in case law, the EAT departs from the traditional approach to the burden of proof in discrimination cases.

September Update

The EAT has decided voluntary overtime should be included in holiday pay, and employment status is to be considered by the Supreme Court

August Employment Law Update

Supreme Court decides tribunal fees are unlawful

In a surprise decision, the UK’s highest court has overruled government policy on tribunal fees and quashed the 2013 regulations, thereby raising the prospect of a rise in claims. At the same time, the government-commissioned Taylor report has suggested ways to shape employment law for the future

The Supreme Court on Tribunal Fees

The Supreme Court has allowed the appeal by Unison against the legality of the current system of employment tribunal fees, holding that the fees regime introduced in 2013 is unlawful.

Getting to grips with new data protection law

The General Data Protection Regulation will alter the way employers approach automated decision making in recruitment, respond to subject access requests, and obtain consent from employees to their personal data being processed.

June Legal Roundup

Psychometric testing challenge by an Asperger’s job candidate, NHS whistleblowing protection extended, Lidl supermarket has collective bargaining imposed on a regional distribution centre, and the Supreme Court decides on “a day’s pay”

May Update

The Supreme Court restores the balance in indirect discrimination cases, the Court of Appeal confirms an appeal procedure can rectify a flawed disciplinary procedure, and the EAT identifies factors for deciding whether ‘sleeping-in’ on-call night workers are due the national minimum wage

March Legal Roundup

With the new tax year on the horizon, the government has announced increases to statutory rates, tribunal award caps, and NI thresholds. In the courts, a self-employed plumber has been found to be a worker, and an appeal to the Supreme Court in the Lock holiday pay case is rejected.

Uber Tribunal Decision

An Employment Tribunal has, this afternoon, ruled that two drivers who provide services to gig economy stalwart Uber are 'workers' within the meaning of the Employment Rights Act 1996.