Employment Law Brief

'Loose' Causation Test in Disability Discrimination Claims

Friday, 18 September 2015

The Employment Appeal Tribunal has confirmed that there need only be a 'loose' causal link between a person's disability and any unfavourable treatment in order for a discrimination arising from disability claim to be established.

Articles & Blogs Employment

Has Working Time Been Extended to Include Travel to and From Work?

Friday, 18 September 2015

A recent case has looked at the extent to which workers could argue that their first and final trips of the working day, to and from their place of work, could be considered 'working time' for the purposes of the EU Working Time directive.

Articles & Blogs Employment

Ill-Health Early Retirement - A Warning for Employers

Friday, 11 September 2015

In a recent decision, the Pensions Ombudsman upheld a complaint by an employee, who had been refused an ill-health early retirement pension, against their employer on the basis of maladministration.

Articles & Blogs Employment

Should An Employee Who is Permanently Off Sick be TUPE Transferred to a New Employer with the Rest of Their Team?

Friday, 11 September 2015

The Employment Appeal Tribunal ('EAT') said that an employee of BT Managed Services (BT) who had been off sick for over five years did not transfer to a new employer, Ericsson, along with the rest of his team under the TUPE regulations.

Articles & Blogs Employment

New Proposals to Enforce the National Minimum Wage and National Living Wage

Friday, 11 September 2015

On 1 September 2015, the Department for Business Innovation and Skills (BIS) announced measures to increase compliance with the national minimum wage (NMW) and national living wage (NLW).

Articles & Blogs Employment

Indirect Discrimination - Extending the Scope of Protection?

Friday, 04 September 2015

The recent European Court of Justice's (ECJ) decision in CHEZ Razpredelenie Bulgaria AD v Komisia za zashtita ot diskriminatsia has extended the coverage of indirect discrimination in the context of the provision of goods and services.

Articles & Blogs Employment

Potential Changes to Apprenticeship Rules - Should large employers help fund apprenticeship schemes?

Friday, 04 September 2015

On 21 August 2015, the government launched a consultation about, amongst other things, the introduction of an apprenticeship levy on large employers to fund apprenticeship training through 'digital vouchers'.

Articles & Blogs Employment

Illegal Working - Update

Friday, 04 September 2015

The government has put forward new measures which could see businesses closed down for up to 48 hours whilst investigations in relation to illegal workers are carried out.

Articles & Blogs Employment

Tribunal Fees - Unison's Challenge Dismissed By Court of Appeal

Friday, 28 August 2015

The Court of Appeal has dismissed the trade union Unison's challenge to the lawfulness of fees in employment tribunals and the Employment Appeal Tribunal (EAT).

Articles & Blogs Employment

Subject Access Requests - High Court Considers Motive and Proportionality

Friday, 28 August 2015

Individuals have a right to the information which an organisation holds about them under the Data Protection Act. This is known as a 'subject access request' or SAR.

Articles & Blogs Employment

What Happens to an Employee's Continuity of Employment on the Transfer of an Undertaking?

Friday, 21 August 2015

The Employment Appeal Tribunal (EAT) has held that the 'time of the transfer' can include a date over a month before the date the actual transfer takes place.

Articles & Blogs Employment

Review of Tier 2 - Analysis of Salary Thresholds

Friday, 21 August 2015

The Migration Advisory Committee (MAC) is consulting on its review of the Tier 2 route and deciding on what salary thresholds should be imposed.

Articles & Blogs Employment

Right to be Accompanied in Investigatory Meetings

Friday, 21 August 2015

The High Court has held that a university's refusal to allow an employee to be accompanied by a representative of a professional defence organisation at an investigation meeting was unfair and breached the implied term of trust and confidence.

Articles & Blogs Employment

Social Media - Be Careful What You Post For

Friday, 14 August 2015

The Employment Appeal Tribunal has held that a dismissal for derogatory comments about an employer on Facebook was fair.

Articles & Blogs Employment

Agency Workers - Right to Be Informed of Permanent Vacancies

Friday, 14 August 2015

The Employment Appeal Tribunal (EAT) has considered whether the right of agency workers to be informed about permanent vacancies extends to being considered for any permanent vacancy on an equal footing with permanent employees at risk of redundancy.

Employment

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