Asda loses appeal in initial stage of equal pay case

In a judgment handed down by the Court of Appeal this morning, it was ruled that supermarket staff (mostly women) and warehouse staff (mostly men) working at supermarket giant Asda can compare themselves against each other for equal pay purposes. Under current UK employment law, Claimants and their comparators must be working at the same establish......

Update on the EU Settlement Scheme

Further to our article below, Theresa May has this afternoon (21 January 2019) announced in her Brexit statement that the £65 fee which millions of EU citizens were going to incur when applying for settled status under the EU Settlement Scheme has been scrapped. There are plans to reimburse those who have already paid the fee. This may mean that b......

Calculating holiday pay for zero hours, term-time only employees: what you need to know following the case of Brazel v The Harpur Trust UKEAT/0102/17/LA

In the case of Brazel v The Harpur Trust, the Employment Appeal Tribunal held that the ACAS guidance in respect of paying part-time employees and workers on irregular hours a maximum of 12.07% of their annualised hours for holiday pay is incorrect. By way of background, this accrual rate derives from the fact that the standard working year is......

5 key employment law changes for 2019

1. Itemised payslips from April 2019 Employers will be required to provide itemised payslips for employees and workers with effect from 6th April 2019. The payslips must show the number of hours for which the employee / worker is being paid. The changes apply in particular to those employees / workers whose hours or rate of pay varies, such as tho......

Latest on the EU Settlement Scheme

There are now plenty of businesses preparing for Brexit, despite no-one still being quite sure what the final deal will look like. With this grows concern over the many staff members businesses have that are citizens of another EU country. Right now, the most significant thing to note is that nothing will change in terms of the rights of EU natio......

Veganism to become a Protected Characteristic?

In the news this week is the case of Jordi Casamitjana, who says his former employers, The League Against Cruel Sports sacked him because of his ethical #veganism. His lawyers are presenting his case to tribunal as one of #discrimination on the grounds of religious or philosophical belief. Religious or political belief is one of the Protected Chara......

When ‘Banter’ crosses over into abuse

“It’s just a bit of bants!” If you work in any kind of environment, from an office to a building site, you’ll be familiar with the term ‘banter’. It’s that humorous back and forth we all use to make the day a little brighter, to have a joke and a laugh with our colleagues, and to generally brighten up what can be a mundane working environment. But......

If it’s broke, be sure to fix it

In August 2018, the Government announced a crackdown on rogue directors seeking to trade insolvent companies. With high profile businesses still dominating the headlines for poor financial performance, Alexander Curnow looks at the employee risks involved. So, what do you do when business isn’t going great and investors aren’t willing to prop it u......

“Are pre-termination negotiations admissible as evidence in unfair dismissal claims?”

In 2013 the Government introduced the concept of a “protected conversation” under section 111A of the Employment Rights Act 1996.Section 111A allows an employer or employee to make an offer to end the employment relationship on a confidential basis, and that offer cannot then be used as evidence before an employment tribunal in an unfair dismissal......

When “it’s just office banter” might be a defence

The case of Evans v Xactly Corporation Limited considered questions of disability and race discrimination, with the Claimant bringing proceedings for a number of breaches of the Equality Act 2010. The Claimant relied on the protected characteristic of disability as a result of his type 1 diabetes, and the protected characteristic of race......

“Is it directly discriminatory, either on grounds of sexual orientation or religious belief, for a bakery to refuse to supply a cake iced with the message “support gay marriage” because of the religious belief of its owners?”

No was the answer of the Supreme Court to this question in the case of Lee v Ashers Baking Company Ltd and Others, in the judgment handed down on 10 October 2018. The facts Mr and Mrs McArthur have owned Ashers Baking Company Ltd since 1992 and are practicing Christians. Mr Lee is a gay man who volunteers for an organisation called QueerSpace......

Employment Tribunal statistics show a 165% increase in claims from the same quarter last year

The provisional Employment Tribunal statistics have been released for April – June 2018 and show, in particular, the following points of interest: claim receipts for single claims are up 165% on the same quarter last year, which was the final full quarter that fees were still in place12,400 payments have been made back to claimants in respect of......

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RT @j_piper1: A great turnout for the #Cambridge @AshtonsHR breakfast this morning - agile working, EU settled status and holiday pay - wha…
RT @AshtonsTom: Now onto #brexit and the current updates on the EU Settlement Scheme. For more info go to @AshtonsHR news. https://t.co/Acr…
RT @AshtonsTom: Interesting employment tribunal statistics presented by @j_piper1 - Average compensation for #unfairdismissal / #discrimina