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Category Archives: News

Gender Pay Gap

The Women and Equalities Select Committee has published a report on the gender pay gap. The report identifies the causes of the gender pay gap and makes a number of recommendations for employers and the government. These recommendations include: A new right for fathers to three months of paid non-transferrable paternal leave. All jobs should... Read the rest of this entry →

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New Financial Penalty Scheme for Unpaid Tribunal Awards

As from 6th April 2016 there will be a new scheme for penalising employers who fail to pay tribunal awards or settlement sums under a COT3. If an employer fails to pay after a warning notice they will be issued with a penalty notice which will require them to pay a penalty of up to... Read the rest of this entry →

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Increase in Tribunal Compensation Limits

Tribunal compensation limits will increase on 6 April 2016. The maximum compensatory award for unfair dismissal will rise from £78,335 to £78,962. The maximum amount of a week’s pay, used to calculate statutory redundancy payments and various awards including the basic and additional awards for unfair dismissal, also rises from £475 to £479.

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Knowledge of Disability

In Gallop v Newport City Council the EAT considered whether the fact that the employee could show the employer’s Occupational Health department knew of his disability was sufficient to demonstrate that his employer had the requisite knowledge. During his employment Mr Gallop complained of work-related stress and over the course of a few years was... Read the rest of this entry →

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Is a Refusal to Extend PHI Cover Beyond 60 Age Discrimination?

In Smith v Gartner UK Ltd the EAT considered whether an employer acted discriminatorily in ending payments under a PHI scheme when the employee reached 60 in accordance with the terms of the PHI policy. The EAT upheld the employment tribunal’s decision to strike out the claims for unlawful deductions from wages and direct age... Read the rest of this entry →

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Childcare vouchers during maternity leave

In Peninsula Business Services Ltd v Donaldson the EAT considered whether childcare vouchers provided under a salary sacrifice scheme are part of the employee’s “remuneration”,  and therefore do not have to be provided during maternity leave. The EAT held that they were remuneration and accordingly, it is not an unlawful detriment, nor discriminatory, for the... Read the rest of this entry →

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When is an Employer Vicariously Liable for the Actions of its Employees?

In Mohamud v WM Morrison Supermarkets plc the Supreme Court considered whether a supermarket should be held vicariously liable for an employee’s unprovoked violent assault on a customer. The employee, Mr Khan, worked in one of their petrol kiosks. He was verbally abusive to a customer and then pursued him out of the kiosk where... Read the rest of this entry →

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Raising concerns with an employee on sick leave

In Private Medicine Intermediaries Ltd v Hodkinson the EAT considered whether writing to an employee while she was on sick leave for work-related stress, to raise concerns regarding her employment, amounted to constructive dismissal and/or disability related harassment. In this case the EAT upheld the tribunal’s decision that where the concerns were not serious or... Read the rest of this entry →

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Shiva Shadi – head of the Employment team – discusses the Modern Slavery Act 2015 and asks: Is your anti-slavery statement ready?

The Modern Slavery Act 2015 brings together offences relating to trafficking and slavery which have dominated the media over recent years with cheap labour and horrific working conditions being reported from around the world, as well as on our own door step in the UK. Section 54, requiring anti-slavery statements will apply to organisations with... Read the rest of this entry →

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Shiva Shadi – partner in our Employment team – discusses Shared Parental Leave… Who is changing the nappies a year on?

It is almost a year since the Government introduced Shared parental leave allowing employees whose babies were due on or after 5th April 2015, to share their maternity leave or adoption leave with their partner. This was hailed as a new era giving opportunities to fathers to share in the care of a new born... Read the rest of this entry →

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