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Employment Newsletter – April 2018

With most people returning to work this week, we hope you all had a great Easter break! Looking forward, we now have GDPR on the horizon and employers need to be aware that existing generalised Data Protection clauses in current employment contracts are not going to be sufficient. Employers will need to carry out an... Read the rest of this entry →

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Equal Pay Claim – Tesco

It has been reported that Tesco is facing a demand for back pay as allegedly its female shop workers earn £3 per hour less than its male factory workers. The Guardian newspaper reported that it could “become the UK’s largest ever equal pay claim”.

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The Taylor Review

The Taylor Review on Modern Working Practices reported extensively when the report was published, during which time there has not been much progress other than now.  The Government have provided a response to the review and are commencing consultation in respect of employment status thus increasing transparency in the labour market, agency workers and enforcement... Read the rest of this entry →

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Payslips

A new Order has been laid before Parliament that is due to come into force on 6th April 2019.  It requires employers to include additional information on payslips, by stating the number of hours being paid where wages vary according to time worked. This can be done as an aggregate number of hours or by... Read the rest of this entry →

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Minimum Wage

Minimum Wage increase as of 1st April 2018, will be as follows: – 25+                  £7.83 21-24               £7.38 18-20               £5.90 Under 18         £4.20

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Holiday Pay for Term Time Workers

The case of Brazel –v- Harper Trust involved a visiting Music Teacher who appealed to the EAT in relation to the manner in which her holiday pay was calculated. She worked on a term time only basis on a Zero Hour Contract.  The school calculated her holiday pay on a pro rata basis to the... Read the rest of this entry →

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Redundancy Selection

The EAT case of Mirab –v- Mentor Graphics (UK) Limited has made life somewhat more difficult for employers in redundancy selection processes. Bumping occurs when an employee whose role is redundant is re-deployed into another role (already being held by another employee) of the original post holder.  In this case the Claimant’s role had been... Read the rest of this entry →

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Unfair Dismissal

In the case of Riley –v- Sandwell Metropolitan Borough Council, Mrs Riley was a Head Teacher of a primary school who had formed a close relationship with a  man who was convicted of making indecent images of children.   She was fully aware of his arrest and subsequent conviction, but had not disclosed these facts to... Read the rest of this entry →

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Knowledge of Disability

You will recall us reporting on the case of Gallot –v- Newport City Council, where an employer had “rubber stamped” an unreasonable occupational health assessment on the question of the disability of one of their employees without questioning it, or addressing their mind to it sufficiently, and going on to a decision that the employee... Read the rest of this entry →

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Disability Discrimination

It is common knowledge that  cancer is considered to be a disability without the need to establish a substantial and long term effect as is otherwise required. However in the case of Lofty –v- Hamis, the Claimant suffered from pre-cancerous lesions which ultimately could have resulted in skin cancer. The Claimant received appropriate treatment, which... Read the rest of this entry →

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