Employment Law Brief

What Happens When the Pay of a Comparator in an Equal Pay Claim Changes?

Friday, 15 June 2018

Once a right to equal pay has been established, any right to higher pay is contractually binding on an employer and will remain even if the circumstances of the comparator change.

Articles & Blogs Employment

Assessing Compensation for Discrimination - What Is the Impact of Health Insurance Benefits?

Friday, 15 June 2018

Where an employee has received permanent health insurance payments, having opted to receive increased cover under a flexi-benefit scheme, employers may not be able to use these to offset compensation due to the employee.

Articles & Blogs Employment

Zero Hours Contracts and Part Time Worker Claims

Friday, 08 June 2018

Can a zero-hours contract be the 'same type of contract' as a permanent employment contract for the purposes of a part-time worker claim?

Zero Hours Contracts and Part Time Worker Claims

Are South Yorkshire's Fire Station Staffing Systems Unlawful?

Friday, 08 June 2018

Yes, the High Court has ruled. The shift pattern, that sees some South Yorkshire firefighters working four days and nights, has been found to breach EU Working Time Regulations.

Are South Yorkshire's Fire Station Staffing Systems Unlawful?

Articles & Blogs Employment

Can a Dismissal Without Warning for Serious Misconduct Ever Be 'Fair'?

Friday, 08 June 2018

Theoretically yes, according to the recent decision of the Employment Appeal Tribunal in Quintiles Commercial UK Ltd v Barongo, but there are real practical risks to be considered...

Can a Dismissal Without Warning for Serious Misconduct Ever Be 'Fair'?

Articles & Blogs Employment

New Religion and Belief Guidance Launched by The Advisory, Conciliation and Arbitration Service (Acas) to Help Prevent Discrimination at Work

Friday, 01 June 2018

Acas has launched new guidance on religion and belief aimed at managers, HR professionals, employees, employee/trade union representatives and job applicants.

Can an Employer Be Liable for Discrimination Arising from Disability Where Cause of Misconduct Was Not Known?

Articles & Blogs Employment

Mental Health in the Workplace - How to Deal With a Hidden Issue?

Tuesday, 29 May 2018

With Mental Health Awareness Week just behind us, mental health in the workplace has been brought back into the spotlight. But when it comes to mental health conditions, its often not evident that a person is unwell.

Mental Health in the Workplace - How to Deal With a Hidden Issue?

Articles & Blogs Employment

Multiple Instances of Misconduct Could Justify Summary Dismissal Without Prior Warning

Friday, 01 June 2018

In a recent decision, the Employment Appeal Tribunal ('EAT') has confirmed that multiple instances of misconduct can be accumulated to justify summary dismissal even where the employee has a prior clean disciplinary record.

Articles & Blogs Employment

Union Liable Under the Equality Act 2010 for Discriminatory Acts of Their Elected Officials

Friday, 01 June 2018

In the case of Unite The Union v Sally Nailard, the Court of Appeal upheld the Employment Appeal Tribunal's ('EAT') ruling that Unite the Union, a nationwide union,...

Articles & Blogs Employment

Can an Employer Be Liable for Discrimination Arising from Disability Where it Did Not Know the Employee's Misconduct Was Caused By Their Disability?

Friday, 25 May 2018

The Court of Appeal ('CA') has recently upheld the Employment Appeal Tribunal's ('EAT') decision in City of York Council v Grosset...

Articles & Blogs Employment

Is the Employer Named in an Employment Contract Really the Employer?

Friday, 25 May 2018

In the recent case of Dynasystems for Trade and General Consulting v Moseley the Employment Appeal Tribunal (EAT) held that subsequent actions can be taken into account to establish the true nature of an agreement...

Is the Employer Named in an Employment Contract Really the Employer?

Articles & Blogs Employment

Dress Codes and Sex Discrimination in the Workplace - Guidance for Employers

Friday, 25 May 2018

The Government and Equalities Office has published new guidance on the law surrounding workplace dress codes with a particular focus on sex discrimination.

Dress Codes and Sex Discrimination in the Workplace - Guidance for Employers

Articles & Blogs Employment

Are Employees Who Undertake Sleep-in Duties Entitled to the National Minimum Wage?

Friday, 18 May 2018

Regular readers of our blogs may remember earlier reports regarding payment for night shift workers who are required to sleep in a particular location for healthcare providers.

Are Employees Who Undertake Sleep-in Duties Entitled to the National Minimum Wage?

Articles & Blogs Employment

Large Increases in the Number of Workers Receiving Back Pay for Minimum Wage Arrears

Friday, 18 May 2018

The government has published new figures this week in respect of pay owed to employees as a result of employers failing to pay the National Minimum Wage.

Large Increases in the Number of Workers Receiving Back Pay for Minimum Wage Arrears

Articles & Blogs Employment

How Important is Context When Deciding Whether a Comment Amounts to Harassment?

Friday, 18 May 2018

In the recent case of Bakkali v Greater Manchester Buses (South) Ltd the Employment Appeal Tribunal (EAT) confirmed that proper consideration of the context of offensive remarks will be relevant to deciding whether those remarks constitute harassment.

How Important is Context When Deciding Whether a Comment Amounts to Harassment?

Employment

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