Last updateTue, 24 Feb 2015 5pm

Employment Law Journal: March 2016
Dechert LLP

Jennifer McGrandle analyses a recent EAT decision on who the correct comparator is when seeking to demonstrate less favourable treatment

A recent case on direct age discrimination provides useful guidance on how to identify whether there are material differences between the claimant and the chosen comparators such that the comparators cannot be relied upon to establish less favourable treatment. The decision, Donkor v The Royal Bank of Scotland [2015], also acts as a reminder of the ‘but for’ test when assessing whether there has been less favourable treatment on the grounds of the relevant protected characteristic.

Lewis Silkin

Charlotte Davies considers the current and future landscape for flexible working and family-friendly rights at work

Recent years have seen the introduction and extension of a range of laws designed to help employees’ work-life balance by giving them the right to request flexible working arrangements and various rights to leave for family reasons. The law in this area looks likely to continue to develop, with the current Conservative government proposing rights to grandparental and volunteering leave.

Mark Kaye and Charlie Bowden examine the impact of a recent Upper Tribunal decision on the tax treatment of payments for injury to feelings

The news in July 2015 that the government was consulting on simplifying the tax and National Insurance Contributions (NICs) treatment of termination payments was welcomed by tax and employment practitioners alike. As the case law from both the tax and employment tribunals has shown, this is currently an area of the law riddled with inconsistency. Buried within the mire of uncertainty has been the taxation treatment of payments made for injury to feelings arising from discrimination. Thankfully, the Upper Tribunal case of Moorthy v HMRC [2016] has brought some clarity – if not finality – to the tax treatment of termination payments. In summary, any compensation received in connection with the termination of employment, beyond the £30,000 exemption, is subject to the usual deductions for income tax. Where the compensation is for discrimination that is not connected to the termination, it can be paid tax free.

Catherine Rayner investigates the draft legislation on recouping termination payments from workers returning to the public sector

Draft regulations on recovering exit payments made to public sector employees, contractors and office holders have now been published. The purpose of the legislation is to allow public sector organisations to claw back all or part of a termination payment if the recipient starts work for another public sector organisation within 12 months.

Paul McGrath and James Noble discuss the aspects of the new European General Data Protection Regulation of particular interest to employment law practitioners and in-house counsel

After four years of negotiation and lobbying, agreement has been reached on the final text of the European General Data Protection Regulation (the Regulation).

Three recent cases highlight some of the tricky situations that employers face when dealing with employees who have a disability, reports Rachel Farr

Disability is one of the personal characteristics protected under the Equality Act 2010. Workers with disabilities are protected from direct and indirect discrimination, harassment and victimisation, and discrimination arising from disability. In addition, their employers are under a duty to make reasonable adjustments where a disabled person would otherwise be at a substantial disadvantage compared to those who do not have that disability.

Alexandra Beidas and Jillian Naylor summarise the latest moves to improve accountability and discourage excessive risk taking in the banking sector

The regulations affecting financial services firms seem ever increasing. A new framework aimed at making senior decision makers in the sector more accountable for their actions is going live this month (see ‘Getting ready for the Senior Managers Regime’, by Joanna Chatterton and Peter Wright, ELJ166, December 2015/January 2016, p12). This article considers three further developments intended to tighten the rules affecting City workers and deter or expose wrongdoing:

A recent Norwegian working time case shows how the UK could still be bound by employment directives even if it leaves the EU, explain Karen Harvie and Kenny Scott

The European Union (EU) is an economic and political partnership which works towards establishing a single market based on the free movement of goods, people, money and services. EU laws take precedence over national laws and are binding on national courts.