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Monthly Archives: June 2016

Employment Law Newsletter – June 2016

Welcome to our June 2016 Employment Law newsletter, keeping you up to date with changes in employment law and informing you of recent case law developments. CASE LAW DEVELOPMENTS Religious Discrimination In the case of Wasteney –v- East London NHS Trust the EAT had to decide whether disciplinary action against an employee for improperly promoting... Read the rest of this entry →

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Employment Agency Amendment Regulations

From 8th May 2016, the conduct of employment agencies and businesses is governed by the Conduct of Employment Agencies and Employment Business (Amendment) Regulations 2016 which updates the same Regulations of 2003.  The main change is the removal of the requirement for employment agencies/businesses to agree terms and enter into a written contract, with hirers.

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Trade Union Act

The Act received Royal Assent on 4th May 2016. It provides the various provisions including: The requirement for at least 50% turnout in votes for industrial action to take place. In certain public services an additional threshold of 40% of support to take industrial action from all eligible members must be met for action to... Read the rest of this entry →

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Consultation on Tipping

The Government has launched a consultation paper setting out it’s proposals for the handling of tips and services charges.  The proposals include: – Introducing a statutory provision to increase employer compliance. Improving transparency for consumers so that it is clear to them that payments for service are a choice and are not compulsory. Preventing employers... Read the rest of this entry →

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Enforcement of Tribunal Awards and Settlements

BIS has published its form for claiming penalties from employers for non-payment of Tribunal awards or settlements. Where a claimant has not been paid any sums under a settlement or Tribunal award, they can ask BIS to issue a penalty of up to 50% of the outstanding amount subject to a minimum of £100 and... Read the rest of this entry →

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Working Time Regulations Rest Breaks

This was a cheeky claim by an employee at Higher Level Care Limited.  A Ms Santos Gomes claimed compensation for injury to feelings for not being allowed rest breaks under the Working Time Regulations. Although the claimant won compensation following her employer’s failure to provide her with a 20 minute rest breaks on shifts over... Read the rest of this entry →

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Indirect Religious Discrimination

The EAT in Pendleton –v- Derbyshire County Council has  held that it was indirect religious discrimination to dismiss a teacher for refusing to leave her husband after his conviction for sex offences.  The claimant had been a longstanding teacher with a clear record.  Her husband who was a head teacher was convicted of making indecent... Read the rest of this entry →

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Mutuality of Obligation

The Court of Appeal in Secretary of State for Justice –v- Windle and Arada had to decide whether account should be taken of the absence of mutuality of obligation when deciding whether an individual was an employee for the purposes of the Equality Act 2010. The Claimants were professional interpreters for HMCTS.  They worked on... Read the rest of this entry →

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Repudiatory Breach

In Gibbs –v- Leeds United Football Club, the High Court had to decide whether an employee’s willingness to negotiate a termination package prevented him from bringing a claim for constructive dismissal. Mr Gibbs was the Assistant Manager at Leeds United.  Following the dismissal of the manager, Mr Gibbs was asked whether he was interested in... Read the rest of this entry →

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Religious Discrimination

In the case of Wasteney –v- East London NHS Trust the EAT had to decide whether disciplinary action against an employee for improperly promoting Christianity to a junior colleague was unlawful religious discrimination. East London NHS Trust received complaints from a worker of Muslim faith about Ms Wasteney’s behaviour relating to various conversations and actions... Read the rest of this entry →

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