June 2019 #201 – Law Journals

Legal news: Employment update

Gwynneth Tan and Antonia Blackwell round up the latest case law and developments affecting employers and their advisers ‘The school dismissed Mr Aplin on notice on the basis that his position was untenable. After an appeal during which he again did not have access to all the evidence on which the appeal panel had relied, …

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Religion or belief: Belief in Scottish independence can be a philosophical belief

Claire Osborne and Helen Almond consider whether a recent decision could open the floodgates to discrimination claims based on a worker’s political beliefs ‘The decision does appear to open the door to claims being brought on the basis of similarly held political beliefs. The most obvious example is a belief in Brexit, which, it could …

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Agency workers: Is hirer liability on the increase?

Declan Bradley explains how to reduce the legal and financial risks of using agency workers in light of the abolition of the Swedish derogation and a recent ruling on a hirer’s liabilities to underpaid agency staff ‘The Taylor Review of Modern Working Practices made a number of recommendations affecting agency workers. It identified significant abuse …

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Overseas workers: Not bringing it all back home

Charles Wynn-Evans outlines some recent cases about the employment tribunal’s jurisdiction to hear claims brought by those working overseas ‘The tribunal should consider the particular facts of each case as a whole to determine whether there is a stronger connection with Great Britain than the country where the individual works, such that the tribunal should …

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Employment status: IR35 – tax tribunal broadcasts welcome message for TV presenters

Ahead of the reform of IR35, two recent decisions have highlighted problems with HMRC’s online tool for determining whether someone should be taxed as a worker or employee. Louise Mason reports ‘The determining factor in both cases was the manner in which the individuals had conducted their career generally, an issue not currently addressed by …

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Public disclosure: A global comparison of whistleblowing laws

With whistleblower protection being strengthened in the EU and beyond, Amanda Sanders looks at the key requirements that international employers need to meet in different jurisdictions ‘Most whistleblowing legislation provides that, as long as the person qualifies for protection, an employer cannot subject them to disciplinary sanctions, detriment, discrimination or dismissal as a result of …

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Staff procedures: Create or update a special leave policy

Michelle Last continues our series with advice on drawing up a policy to manage leave requests if there is no statutory right to time off – for example if the employee is undergoing gender reassignment or elective surgery ‘If an employer treats an employee less favourably in relation to absence for gender reassignment than it …

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