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Stuart Jones and David Miers investigate the trend for employees to relaunch employment claims in the civil courts ‘Subtle changes in the way that an employee pleads the claim or sets out the facts underpinning the claim may enable them to reprise an old grievance successfully.’ To the dismay and despair of many employers, it …
Continue reading "Civil Claims: They think it’s all over – but often it’s not"
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Rebecca Harding-Hill explores the impact on employers of mandatory reporting of differences in what men and women earn ‘To close any gender pay gap, it is clear that businesses must work to promote cultural change and remove the remaining barriers that prevent women progressing in the workplace and the boardroom.’ In July 2015, a consultation …
Continue reading "Equal Pay: Closing the gap"
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Rebecca McGuirk analyses recent case law on the scope of ‘working time’, including the treatment of travel time, trade union duties, holiday pay and voluntary overtime ‘Being at their employer’s disposal did not mean that the claimants had to be under their employer’s specific control or direction.’ The cost of wages and holiday pay looks …
Continue reading "Working Time: New case law brings fresh uncertainty"
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The requirements for making a protected disclosure were recently considered by the EAT, report Mark Kaye and Charlie Bowden ‘On the face of it, that an employer can prohibit an employee from contacting a prescribed person appears to fly in the face of the spirit and purpose of the legislation.’ By making significant changes to …
Continue reading "Whistleblowing: When is a communication protected?"
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Sarah Lovell considers the impact of two recent cases on the meaning of ‘unfavourable’ treatment and identifying the correct provision, criterion or practice ‘Ultimately, any difference in the way that employment tribunals approach the question of “unfavourable treatment” and “detriment” is unlikely to have much impact on a practical level.’ Two recent cases on disability …
Continue reading "Disability Discrimination: An unfavourable finding"
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Emily Russell and Andrew Taggart outline a recent case on whether US or EU law applied to an employment dispute ‘The fact that it is not permissible for the courts of one EU member state to grant anti-suit injunctions directed at another EU member state was of no significance… Member states have to trust each …
Continue reading "Cross-Border Employment: A transatlantic clash"
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Sarah Fitzpatrick throws some light on a little used legal provision which has potentially huge significance for employers with collective bargaining agreements with unions ‘TULRCA provides that workers who are members of an independent trade union which is recognised by their employer have the right not to have an offer made to them which would …
Continue reading "Trade Unions: Not what you’d bargained for"
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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’, …
Continue reading "Financial Sector: Ending the age of irresponsibility"
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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 …
Continue reading "Employment Law Reform: A true blue agenda"
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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 …
Continue reading "EU Laws: What Brexit would mean for employers"
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