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Employment Updates

Our Employment Law Updates are an excellent way to keep up to date with important issues.

 

You can search our archive of cases using the search facility below. Alternatively you can scroll down the page to view our entire archive, which is listed in date order, with the most recent at the top of the page.

Workers Caught in Middle of Park and Ride Bus Service Dispute

Published on: 21 September 2016 | in categories: Legal Updates | Employment Updates | News and Updates

The termination of a subsidised park and ride bus service and its replacement by a fully commercial, unsubsidised, alternative on the same route, gave rise to a tribunal decision which provided important guidance on the operation of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

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Consultation on Salary Sacrifice for the Provision of BiKs

Published on: 15 September 2016 | in categories: Legal Updates | Employment Updates | News and Updates

As announced in the 2016 Budget earlier this year, the Government is seeking to limit the range of benefits in kind (BiKs) that attract Income Tax and National Insurance Contributions advantages when provided as part of salary sacrifice and flexible benefit arrangements.

To that end, a consultation document has been published setting out the Government's intended future tax treatment of such benefits and seeking the views of anyone affected by the planned changes, and other interested parties.

The consultation closes on 19 October 2016.

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Whistleblowing Undercover Police Officers Win Right to Compensation

Published on: 08 September 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Workplace whistleblowers are protected by law and employers have to be extremely careful not to persecute them for their activities. In one case that proved the point, two police detectives who were removed from undercover duties after making complaints about management won the right to substantial compensation.

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Free Employee Bus Pass a Taxable Benefit, Tribunal Rules

Published on: 21 August 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Free Employee Bus Pass a Taxable Benefit, Tribunal Rules

Fringe benefits provided to employees are usually taxable – but there are exceptions, and one of them came under detailed scrutiny in a case involving a free bus pass issued to a local authority worker.

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Transgender Pension Dispute Referred to European Court of Justice

Published on: 09 August 2016 | in categories: Legal Updates | Employment Updates | News and Updates

A woman who chose to remain married to her wife following gender reassignment surgery will have her plea that UK pension rules discriminate against those in her position considered by European Court of Justice (CJEU) after her arguments left the Supreme Court divided.

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Academic Employment and Security of Tenure – Tribunal Ruling

Published on: 08 August 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Academic Employment and Security of Tenure – Tribunal Ruling

In a case which raised novel issues relating to employment and security of tenure in the academic world, a university lecturer who was dismissed after failing to report a sexual relationship with a student had his hopes of winning compensation boosted by the Employment Appeal Tribunal (EAT).

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Employers - Disregard Health and Safety Rules at Your Peril!

Published on: 28 July 2016 | in categories: Legal Updates | Employment Updates | News and Updates

In a wake-up call to any unwise employers who might view health and safety rules as little more than an inconvenience, a farming equipment company was heavily fined after an employee was badly injured by an exploding tyre.

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Part-Time Judges Score Landmark Equal Treatment Victory

Published on: 25 July 2016 | in categories: Legal Updates | Employment Updates | News and Updates

In a resounding decision which will help to bring an end to pay discrimination against part-time workers, two part-time judges who complained that they were treated less favourably than their full-time brethren have scored a comprehensive victory in their quest for equal treatment by the Ministry of Justice (MoJ).

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Solicitor Wins Unique Breach of Privacy Payout

Published on: 14 July 2016 | in categories: Legal Updates | Employment Updates | News and Updates

A solicitor who was deeply upset when her private emails were accessed without her authority during a hunt for evidence in the context of arbitration proceedings has won a substantial damages payout after launching a unique breach of privacy claim.

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7,000 Female Supermarket Workers Launch Ground-Breaking Equal Pay Claim

Published on: 30 June 2016 | in categories: Legal Updates | Employment Updates | News and Updates

An equal pay claim involving more than 7,000 female supermarket workers – which is said to be the most economically significant piece of litigation to be launched in the UK in recent times – will be heard by an Employment Tribunal (ET) after a novel bid to transfer it to the High Court was rejected.

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Car Club Patrolman Can Pursue Disability Discrimination Claim

Published on: 01 February 2016 | in categories: Legal Updates | Employment Updates | News and Updates

A car club highway patrolman who claims that he was victimised, harassed and, in the end, forced out of his job because of his bad back has won a fresh chance of winning compensation for alleged disability discrimination.

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University Accused of Penalising Trade Unionist Librarian Wins Appeal

Published on: 19 January 2016 | in categories: Legal Updates | Employment Updates | News and Updates

University Accused of Penalising Trade Unionist Librarian Wins Appeal

Trade unionists have a vital part to play in many workplaces and employers have to be very careful not to penalise them for their activities. However, in one instance, a university successfully appealed against a decision that it had done just that in the case of a veteran librarian and union branch secretary.

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Monitoring of Employee’s Emails Did Not Violate His Privacy Rights

Published on: 13 January 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Most employers ban staff from using office computers for personal communication purposes during working hours and, in an important decision, the European Court of Human Rights has ruled that reasonable monitoring of emails is an acceptable means of ensuring that such strictures are complied with.

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Pay Disparities Are Not Always Discriminatory

Published on: 10 January 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Statistical disparities in pay are not always a sign of discrimination. In one important case which proved that point, a Muslim prison chaplain who pointed out that he and his co-religionist colleagues were on average paid less than their Church of England counterparts failed to establish that he had been treated unequally.

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Peripatetic Workers and Pensions Auto-Enrolment – High Court Rules

Published on: 30 December 2015 | in categories: Legal Updates | Employment Updates | News and Updates

Peripatetic Workers and Pensions Auto-Enrolment – High Court Rules

All businesses should by now be well aware that they are, or shortly will be, required to automatically enrol their workers in an approved pension scheme. However, in a ruling which will be required reading for employers, the High Court has given important guidance on how the new rules must be applied to peripatetic employees who spend much of their working lives outside Britain.

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New Mother Given Fresh Hope in Sex Discrimination Claim

Published on: 18 September 2016 | in categories: Legal Updates | Employment Updates | News and Updates

It is a fundamental tenet of the English legal system that those on the losing side in litigation are entitled to know the reasons for their defeat. In a case which underlined that principle, a teacher who was refused permission to work part time after returning from maternity leave had her compensation hopes boosted by a tribunal.

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Disabled Workers Entitled to ‘More Favourable’ Treatment

Published on: 12 September 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Many employers may be surprised to note that it is inherent in the Equality Act 2010 that the duty to make reasonable adjustments may require them to treat a disabled employee more favourably than others.

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Warehouse Workers Triumph in Collective Bargaining Dispute

Published on: 29 August 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Warehouse Workers Triumph in Collective Bargaining Dispute

Recognition of ‘units’ of workers for the purposes of collective bargaining can be a thorny issue and that was certainly so in one case in which supermarket chain Lidl fiercely objected to 223 warehouse workers – representing only about 1.2 per cent of its total 18,000-plus workforce – forming such a unit.

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Tribunal Decision Reinforces Agency Workers’ Rights

Published on: 17 August 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Tribunal Decision Reinforces Agency Workers’ Rights

In a guideline decision which reinforced the rights of agency workers, a tribunal has underlined in the context of an NHS whistleblowing case that it is legally possible to have one job but more than one employer.

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Sponsoring Workers From Outside the EU? The Rules Are Tight!

Published on: 09 August 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Sponsoring Workers From Outside the EU? The Rules Are Tight!

Many companies rely heavily on specialised overseas workers from outside the EU and are permitted to sponsor their entry into Britain. However, the exercise of that privilege is subject to strict safeguards, as one IT company discovered to its cost.

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Black Royal Mail Workers Race Discrimination Claims

Published on: 03 August 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Black Royal Mail Workers Race Discrimination Claims

Four black Royal Mail employees who claimed that they had been victimised due to their race and treated less favourably than a white colleague have had their hopes of winning compensation boosted by the Employment Appeal Tribunal (EAT).

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Government Updates Policy on HMRC Enforcement for Breaches of NMW Law

Published on: 26 July 2016 | in categories: Legal Updates | Employment Updates | News and Updates

The Department for Business, Energy and Industrial Strategy (which has replaced the former Department for Business, Innovation and Skills and the Department of Energy and Climate Change) has updated its policy paper on HM Revenue and Customs (HMRC) enforcement, prosecutions and naming employers who break National Minimum Wage (NMW) legislation, to take into account recent developments in this area of the law.

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Bus Driver Wrongfully Sacked After Flawed Disciplinary Process

Published on: 20 July 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Bus Driver Wrongfully Sacked After Flawed Disciplinary Process

In a case which underlined the great importance of fair and thorough disciplinary procedures in the workplace, a bus driver who was accused of using a mobile phone whilst driving has succeeded in a wrongful dismissal claim.

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Student Work Placements and the Equality Act 2010 – Court Guidance

Published on: 05 July 2016 | in categories: Legal Updates | Employment Updates | News and Updates

In an important decision, the Court of Appeal has overcome an apparent lacuna in the drafting of the Equality Act 2010 to come to the aid of students who suffer discrimination whilst carrying out work placements as part of their studies.

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Recruitment Consultant Pays Dearly for Disloyalty to His Employers

Published on: 28 June 2016 | in categories: Legal Updates | Employment Updates | News and Updates

In a stern warning to every worker that breaching your employers’ confidence can have the gravest consequences, a recruitment consultant who leaked information to competitors ended up on the losing side of a full-blown High Court libel trial.

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Lying Employment Tribunal Litigant Hit With £20,000 Costs Bill

Published on: 24 January 2016 | in categories: Legal Updates | Employment Updates | News and Updates

In a case which underlined that justice ultimately depends on the honesty of litigants, a claimant before an Employment Tribunal (ET) who lied about her medical condition had her case dismissed and was ordered to pay more than £20,000 in legal costs.

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Increased Protection for Workers on Zero Hours Contracts

Published on: 14 January 2016 | in categories: Legal Updates | Employment Updates | News and Updates

In May 2015, the Government acted to ban exclusivity clauses in zero hours contracts.

However, recognising that further measures were necessary to prevent employers sidestepping the ban, further legislation has now been introduced to afford further protection to those working under such contracts.

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Acas Guidance on Carrying Out Investigations in the Workplace

Published on: 11 January 2016 | in categories: Legal Updates | Employment Updates | News and Updates

In any workplace, situations will arise where it is necessary for the employer to carry out an investigation before deciding what to do next. Common situations that require an investigation include:

  • receiving a grievance from an employee;
  • allegations of bullying and harassment;
  • potential disciplinary matters against an employee; and
  • concerns over company policies and procedures.
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Industrial Espionage Claim Leads to £275,000 Payout

Published on: 06 January 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Employees sadly cannot always be trusted and industrial espionage is a threat which cannot be ignored. In one case, a company received £275,000 in damages and legal costs after a disloyal worker abused her position to disperse confidential and commercially sensitive information to others.

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Housing Provider Prevails in Chief Executive Pension Row

Published on: 27 December 2015 | in categories: Legal Updates | Employment Updates | News and Updates

In a decision of interest to pension advisers and public employers, the High Court has ruled that a social housing provider which dispensed with its chief executive’s services did so because it was dissatisfied with his performance and not for reasons of business efficiency.

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