Gender Reporting

February 16th, 2017

The Government and ACAS have produced draft guidance on managing gender pay reporting in the private and voluntary sectors, which is intended to assist employers in complying with new gender pay gap reporting obligations under the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017. The are due to be brought into force on 6 […]

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Disability

February 16th, 2017

Type 2 diabetes can amount to a disability according to the EAT in Taylor v Ladbrokes Betting & Gaming Ltd.  

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National Minimum Wage

February 16th, 2017

The draft The National Minimum Wage (Amendment) Regulations 2017 have been published, intended to come into force on 1 April 2017.   They raise the national living wage (for those aged over 25) from £7.20ph to £7.50ph, the adult rate (21-24) will increase to £7.05ph and the rate which affects 18-20 year olds will increase […]

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Disability

February 16th, 2017

Long-term stress does not amount to a disability without something else, according to the EAT in Herry v Dudley MBC. The Claimant asserted two disabilities: dyslexia and stress. The EAT considered the distinction between stress and mental illness: “Unhappiness with a decision or a colleague, or a tendency to nurse grievances or a refusal to compromise […]

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Employment Status

February 16th, 2017

In Dewhurst v CitySprint UK Ltd, the London Central Employment Tribunal has ruled that a bicycle courier was a ‘worker’ of the courier firm for the purposes of the Employment Rights Act 1996, despite the contractual documents describing her as a self-employed contractor.   The case is a further example of a tribunal finding that […]

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Final Written Warnings

February 16th, 2017

In Perrys Motor Sales Ltd v Edwards, the EAT has held that an employment tribunal erred by questioning the validity of an earlier final written warning when considering whether a claimant’s dismissal was unfair.   The claimant had not complained about the warning in his claim form and it had not been put as an […]

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Unfair Dismissal

February 16th, 2017

In Thomas v BNP Paribas Real Estate, a ‘perfunctory and insensitive’ redundancy consultation can make a redundancy dismissal unfair according to the EAT. The Claimant had over 40 years’ service, ending up as a Director of the Respondent’s property management division. After a strategic review, the Claimant was put at risk of redundancy and immediately […]

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Rest Breaks

February 16th, 2017

In Grange v Abellio London Ltd, the EAT has held that a claim for ‘refusal’ to permit rest breaks under the Working Time Regulations 1998 can be brought where the employer fails to make provision for such breaks, even if the worker does not expressly request them.   Accordingly, employers must take active steps to […]

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Final Written Warnings

February 16th, 2017

In Bandara v British Broadcasting Corporation the EAT has upheld the decision of an employment tribunal that an employer had not been entitled to rely upon an existing final written warning when considering whether to dismiss an employee for further misconduct because the decision to issue the existing warning was ‘manifestly inappropriate’.   The EAT […]

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Uber

February 16th, 2017

In Aslam v Uber another employment tribunal has confirmed that two taxi drivers were “workers” and as such were entitled annual leave and the protections afforded by the Working Time Regulations 1998 (amongst others).   It is virtually certain that this tribunal decision will be appealed up and up, potentially to the Supreme Court and […]

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