July/August 2015 #162 – Law Journals

Discrimination Law: Managing competing workplace rights

Catherine McGrath sets out recent case law on the conflict between sexual orientation and religious rights at work ‘When faced with competing rights and interests, the courts have to undertake a careful balancing exercise and are afforded wide discretion when considering conflicting ECHR rights.’ On 19 May 2015 the Northern Ireland County Court handed down …

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Occupational Stress: High Court takes robust approach to foreseeability

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Simon Fenton discusses the latest in a line of cases on employers’ duty to protect workers from mental injury ‘Warning signs from employees will play a fundamental role in establishing liability because once the employer is on notice of the adverse effects of stress, the consequences are more foreseeable.’ If someone wants to claim personal …

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TUPE: Discrimination claims after objecting to a transfer

The EAT has explored whether an employee who objected to a transfer could bring a claim against the transferee under the Equality Act even though she was never employed by it, explains Jeffrey Jupp ‘At common law, an employee cannot be forced to work for someone else (Nokes v Doncaster Amalgamated Quarries Ltd). TUPE allows …

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Service Provision Changes: What protection for subcontractor employees?

A series of recent decisions has widened the definition of ‘client’ for the purposes of claims under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), reports Gwynneth Tan ‘Jinks, Horizon and Ottimo all illustrate the scope for a wider interpretation of “client” in the context of a service provision change.’ The Employment Appeal …

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Tax: ITEPA and discrimination payments

Charles Wynn-Evans reviews two important recent authorities on whether compensation for unlawful discrimination can be paid tax free ‘Clarifying the basis for, and the nature of, a payment to be made to an employee to settle their claims can be crucial in determining the proper tax treatment to be applied.’The correct tax treatment of a …

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Financial Sector: Ending the age of irresponsibility

Juliette Graham summarises the employment aspects of the final recommendations made by the Fair and Effective Markets Review ‘The structure of remuneration and whether it incentivises individuals to take excessive risk has been a key issue for regulators since the G20 met in the aftermath of the financial crisis.’ The ‘age of irresponsibility is over’, …

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Employment Law Reform: A true blue agenda

Christopher Mordue examines the changes to employment law proposed by the new government ‘The optimistic view is that if lawful industrial action becomes harder to organise, unions may take a more conciliatory and constructive approach to resolving disputes.’The Conservative Party’s surprise election victory on 7 May makes the shape of UK employment law over the …

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EU Laws: What Brexit would mean for employers

Elizabeth Slattery and Jo Broadbent consider how employment law might change if the UK votes to leave the EU ‘A decision to join EFTA and/or the EEA following a Brexit would seriously restrict the government’s freedom to make changes to employment law after withdrawal from the EU.’ As the European Union Referendum Bill begins its …

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