June 2014 #151 – Law Journals

Covert Recordings: What’s the secret?

Clandestine recordings of private discussions at workplace disciplinary and grievance hearings may be admissible in employment tribunal proceedings, report Sharon Tan and Paul McGrath ‘Technological advances have given rise to a spate of cases that have considered whether evidence obtained on a clandestine basis ought to be admissible in subsequent employment tribunal litigation.’ In an …

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Equal Pay: What is the ‘Asda price’?

Colin Leckey analyses the potential impact of the claim for six years’ back pay launched by 400 female supermarket workers alleging gender discrimination ‘Pay rates for certain jobs taken mainly by women are depressed because of a conscious or subconscious perception, often longstanding, that they are “women’s work”.’ Equal pay claims have been a feature …

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Sex Discrimination: No protection for post-natal depression

Mark Kaye discusses a recent EAT decision on the dismissal of an employee who continued to take sickness absence after her maternity leave ended ‘The EAT found that although she had been treated unfavourably because of an illness which was related to her pregnancy, such treatment took place outside the protected period.’ It is not …

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Social Media: Confidential – read all about it

David von Hagen and Louise Lawrence offer advice on how to avoid problems with social media ‘Legal advisers should ensure employers have an effective social media policy. This needs to set out clearly, with examples, what behaviour outside work they consider is and is not acceptable, to ensure their reputation is protected.’ We like to …

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Health And Safety: E-cigarettes – smoking out the issues

The growing popularity of electronic cigarettes means that employers need to draw up a policy on their use at work, advises Siobhan Atkin ‘Using e-cigarettes in the workplace is not prohibited and employers do not have to ban – or indeed permit – their use. They must therefore decide what approach best fits with the …

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Immigration Law: New codes of practice issued on illegal working

Jasmine Shergill summarises employers’ duties to check prospective employees’ right to work in the UK and to do so without discriminating against them ‘Assessing a prospective worker’s eligibility for employment, including the type of work they can do and the amount of hours they can work, depends on their immigration status.’ On 14 May, the …

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Flexible Working: The new regime

Nick Dent and Ruth Bonino examine the issues raised by the forthcoming changes to the right to request to work flexibly ‘The real risk to employers lies not in the sanctions available under the flexible working regime but in discrimination law and constructive dismissal claims.’ From 30 June 2014, the right to request to work …

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TUPE: The duty to inform and consult

Richie Alder and Anna Scott consider the impact of Allen v Morrisons Facilities Services and of the new pre-transfer consultation regime ‘The EAT held that employees can only bring an action for failure to provide information under Regulation 13 against their employer at the time (the transferor).’ Can employees bring a direct claim against an …

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