Statutory Payments

March 28th, 2017

From 1 April 2017 the national living wage for workers aged 25 and over increases from £7.20 to £7.50 per hour and the following national minimum wage increases will also take effect from that date: the rate for workers aged 21 to 24 increases from £6.95 to £7.05 per hour; the rate for 18 to […]

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Inferring Discrimination

March 28th, 2017

The incompetent handling of a grievance and a lackadaisical attitude of the investigator is not necessarily sufficient to give rise to an inference of discrimination according to the EAT in Kent Police v Bowler.   The EAT reiterated the caution in Igen v Wong against too readily inferring discrimination merely from unreasonable conduct where there […]

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Ill Health Dismissals

March 28th, 2017

In a dismissal for long-term sickness absence, the test for discrimination arising from disability different is really quite the same the test for unfair dismissal according to the Court of Appeal in O’Brien v Bolton St Catherine’s Academy.   At the time of her dismissal, the Claimant had been absent from work for more than […]

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Religious Discrimination

March 28th, 2017

The banning of a headscarf at work does not constitute direct discrimination. This is confirmed by the CJEU in Achbita v G4S Secure Solutions. G4S in Belgium operated a policy of ‘neutrality’, banning all wearing of political, religious or similar signs. A Muslim employee announced she wanted to start wearing a headscarf; she was told […]

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TUPE

March 28th, 2017

An employment tribunal is entitled to look at the actual activities being carried out when assessing the ‘principal purpose’ of an organised grouping of employees under TUPE according to the EAT in Tees Esk & Wear Valleys NHS v Harland.   In 2005, a group of workers were organised into a team to provide care […]

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Disability Discrimination

March 28th, 2017

A Claimant cannot successfully claim harassment by simply asserting s/he has a disability without establishing s/he is disabled under the Equality Act 2010 according to the EAT in Peninsula Business Services v Baker.   The EAT held that discrimination protection is not available to those who merely assert a disability. The protection applies only to […]

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Holiday Pay

March 1st, 2017

The Supreme Court has refused permission to appeal to British Gas in the holiday pay case Lock v British Gas, which was a case in which Mr Lock was paid largely by commission. The case will go back to the employment tribunal to calculate the amount Mr Lock is owed.  

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New compensation limits in force

March 1st, 2017

From 6 April 2017 there will be changes to some important limits used in calculating payments to employees and in respect of claims for compensation. Notable changes include: an increase to the limit on compensation for unfair dismissal from £78,962 to £80,541; the limit on a week’s pay for the purposes of calculating, among other things, […]

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Employment Status

March 1st, 2017

The Court of Appeal in Pimlico Plumbers v Gary Smith has upheld the decision that the plumbers are workers, not self-employed contractors, even though the plumber  was self-employed for tax purposes. In a very fact sensitive judgment the Court confirmed: “This case puts a spotlight on a business model under which operatives are intended to […]

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Religious Discrimination

March 1st, 2017

In Gareddu v London Underground Ltd, the EAT has upheld an employment tribunal’s decision to reject a claim of indirect religion or belief discrimination on the ground that the claimant’s asserted need to take five consecutive weeks’ leave in order to attend a number of religious festivals was not genuine. The tribunal was entitled to […]

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