May 2018 #190 – Law Journals

Immigration: Windrush and the right to work

The Windrush scandal and recent Baker v Abellio London decision show how difficult it can be to confirm an individual’s immigration status, write Jarmila Entezari and Sejal Raja ‘The EAT held that Mr Baker’s dismissal was unfair and Abellio was not obliged to obtain specific documentary evidence that he had the right to work in …

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Sex discrimination: Comparing like with like – shared parental leave and enhanced maternity pay

Ed Bowyer and Jo Broadbent discuss the EAT’s recent ruling on whether failure to enhance shared parental leave pay is discriminatory ‘The enhanced maternity pay was “special treatment offered to a woman in connection with pregnancy or childbirth” and could not result in a claim of sex discrimination.’ It is seven years since the government …

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National minimum wage: A minefield for unwary employers

Jo Moseley explains how employers can avoid costly breaches of the minimum wage rules ‘The penalties for failing to pay the NMW are severe. While individuals can bring claims in the employment tribunal, many contact HMRC and ask it to investigate.’ The national minimum wage (NMW) has been in force for 19 years. Despite that, …

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Technology: Artificial intelligence and the future of work

Following a panel discussion organised by his firm, Paul Griffin considers the legal challenges posed by AI, particularly in the recruitment process ‘It remains to be seen how many candidates will actually avail themselves of the right to be offered alternatives to automated decision-making in a mass recruitment exercise, especially if they feel they are …

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Legal news: Employment update

Helen Roberts rounds up recent case law and developments affecting employers and their advisers ‘The ECJ has confirmed that pregnant workers do not have specific protection from dismissal in a collective redundancy situation.’ Consultation on parental bereavement leave Although many employers already grant paid leave to employees coping with the death of a child, there …

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Sexual harassment: At a crossroads – time for a new direction for workplace harassment laws

Samantha Mangwana and Beth Hale analyse proposals to tighten up sexual harassment legislation and consider how to bring about a culture change in UK workplaces ‘The report concludes with recommendations aimed at achieving greater transparency and strengthening legal protections for victims.’ Since the Weinstein scandal broke in October 2017, the issue of sexual harassment in …

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