Issues

The Court of Appeal decision in Gallop v Newport City Council highlights the pitfalls of relying blindly on the opinion or report of an occupational health (OH) adviser that an employee is not disabled or not covered by disability discrimination legislation. In this case, the employee had been signed off work with work-related stress. The employer’s […]

Of interest to employers in a wide range of sectors including retail, manufacturing, care and hospitality, the Court of Appeal has dismissed the appeal of Mrs Mba (a care worker in a children’s care home) that a requirement to work on Sundays amounted to religious discrimination… If you are registered and logged in to the […]

This first-instance employment tribunal decision nicely illustrates that there is sometimes, but rarely, an exception to the general rule that support of a political party does not amount to a ‘philosophical belief’ capable of protection under the Equality Act 2010.  Mr Olivier was a Labour councillor and active campaigning member of the Labour party for […]

The advocate-general (AG) has issued an opinion that holiday pay of workers whose pay is made up of a fixed element and a regular commission (e.g. sales staff) should comprise both basic pay and an amount that reflects average commission (by reference to commission earned over a previous representative period). This opinion is predicated on […]

Ministers are reportedly considering increasing the national minimum wage (NMW), which is currently set at £6.31 per hour for an adult worker, by up to 50p per hour. They claim that the NMW is currently outstripped by the rising cost of living and is now worth the same in real terms as in 2004… If you […]

April 2014 will see a raft of new employment legislation hitting the statute books — in preparation for the changes, here is a quick overview of what’s in store. Discrimination questionnaires are to be abolished. This is welcome news as the questionnaires are notoriously laborious, time-consuming and costly to complete. Mandatory ACAS early conciliation (EC) will […]

Zero-hours contracts have been high on the government’s agenda for several months. It has now launched a consultation on zero-hours contracts focusing on what it sees as the two key concerns posed by such contracts — exclusivity clauses and a lack of transparency… If you are registered and logged in to the site, click on […]

The landmark decision of the Employment Appeal Tribunal (EAT) in the Woolworths case is due to be heard by the Court of Appeal at the end of January. Many employers will await the outcome of this appeal with keen interest given the massive implications of the EAT’s decision on the logistics and costs of collective redundancy exercises… […]

The government has announced how the new system of shared parental leave will work when it comes into force in April 2015. The announcement followed an eight-month consultation process. Under the new scheme, mothers will be able to commit to ending their maternity leave and maternity pay at a date in the future, with the intention […]

It has been a long time coming, but the new TUPE regulations are now finalised and set to take effect from 31 January 2014. New Business, Innovation & Skills (BIS) guidance has also been published to accompany the new regulations. The majority of the amendments contained in the regulations will apply to transfers that take place […]