Employment Law

Posted 13th October, 2016 under Employment Law by

Is it discriminatory to pay men and women differently during periods of shared parental leave? That was the question before the Tribunal in Snell v Network Rail Infrastructure Ltd ETS/4100178/2016. In this case Mr Snell argued that his employer’s family friendly policy amounted to sex discrimination, as it provided for enhanced parental pay for mothers… Read more »

Posted 16th September, 2016 under Employment Law by

In Kratzer v R+V Allgemeine Versicherung AG the Court of Justice of the European Union ruled that the Equal Treatment Directive does not apply to job applicants who are purely seeking compensation. It will only apply where the applicant is also seeking recruitment and employment. Mr Kratzer had applied for a role as a graduate… Read more »

Posted 28th June, 2016 under Employment Law by

Employment Tribunal fees were introduced on 29 July 2013. It was intended that fees would: Transfer the cost of litigation away from the tax payer and to those who can afford to pay Encourage alternative forms of dispute resolution Maintain access to justice But what is the real impact of their introduction? The most notable… Read more »

Posted 23rd May, 2016 under Employment Law by

On 4 May 2016 the controversial Trade Union Bill received Royal Assent and became the Trade Union Act, 2016. It is not yet known when it will come into effect. But what does this mean for Union’s and their members? The main provisions of the act are: That at least a 50% turnout of those… Read more »

Posted 31st March, 2016 under Employment Law by

Travel time between sites that is required for ‘the purpose of duties carried out by the worker’ may be classed as working time under the time work provisions. The failure to pay such workers for travel time could result in them being paid less than the national minimum wage per hour, resulting in an unlawful… Read more »

Posted 18th March, 2016 under Employment Law by

The Employment Appeal Tribunal has now confirmed that employers do not have to continue salary sacrifice schemes, such as childcare vouchers, during maternity leave. This case hinged on whether salary sacrifice schemes were classed as “remuneration” or non-pay benefits. Women cease to be entitled to the former during periods of maternity leave, but it would… Read more »

Posted 10th March, 2016 under Employment Law by

On 1 April 2016 the Government are due to introduce a mandatory national living wage for all workers aged 25 and above. It is part of their commitment to make work pay. There are currently no proposals to introduce a mandatory national living wage for those workers who are under 25. Some employers may already… Read more »

Posted 29th February, 2016 under Employment Law by

The Employment Appeal Tribunal has now confirmed that commission should be included when calculating an employee’s holiday pay. In British Gas Trading Limited v Mr Z J Lock & Secretary of State for Business, Innovation and Skills, British Gas had appealed against the decision that commission should be paid as part of holiday pay. However,… Read more »

Posted 29th February, 2016 under Employment Law by

From 2016 private and voluntary sector employers who employ over 250 people will be required to make public statistics about the gender pay gap in their workplace based on the average wages of men and women within a workplace. The Sex Discrimination Act, 1975 purported to eradicate pay inequality based on gender. However, even in… Read more »

Posted 11th December, 2015 under Employment Law by

Zero-hours contracts are on the rise according to figures released by the Office for National Statistics earlier this year. The data revealed that almost 700,000 people were employed on a casual term basis at the end of last year, and unions believe this number is set to hit 1.5 million by the end of 2015…. Read more »

Posted 30th November, 2015 under Employment Law, Health and Safety by

The Home Office is to supply new guidance to the police on the factors that must be considered before a person’s mental health history is disclosed to potential employers. The outlines issued in August cover Disclosure and Barring Service (DBS) checks and employee rights to confidentiality in the job application process. DBS checks, formerly known… Read more »

Posted 23rd July, 2015 under Employment Law by

If employees on sick leave are unable or unwilling to take holiday during that time, they are entitled to take their holiday within 18 months of the leave year ending. This is the case regardless of whether they are contractually permitted to carry over their annual leave if they are on sick leave. Employees do… Read more »