Brexit delay and the rights of EU / EEA citizens in the workplace

The European Union have agreed a further delay to the Article 50 deadline (and therefore Brexit) until 31 October unless a withdrawal agreement can be agreed and ratified earlier. As a result, the United Kingdom remains a member state of the EU until any such ratification or 31 October 2019. This means that the rights of EU / EEA nationals living......

Presidential Guidance updates Vento bands for injury to feelings awards

In relevant claims where injury to feelings is a feature in the award granted (such as discrimination), the award is calculated on the basis of the “Vento bands”. Presidential Guidance has just been updated to uplift the bands in such cases, and therefore for claims presented on or after 6 April 2019 the bands will be: lower band of £900 to £8,80......

Corporate Insolvency reminder about personal liability for employment claims: not just discrimination but also now whistleblowing

Insolvency law and the concept of limited liability has developed to shelter the individual officers of a limited company from the claims of creditors of all kinds in the event of a corporate failure.  There are particular rules which protect and guarantee certain minimum employment rights of employees, which are, ultimately, underwritten by......

Consultation on extending redundancy protection for women and new parents

On 25th January 2019, the Department for Business, Energy and Industrial Strategy (‘BEIS’) opened a consultation on extending redundancy protection for women and new parents. The consultation document can be found here. This consultation follows recommendations made by the Women and Equalities Committee in 2016, and the Taylor Review in July 2017,......

BBC Analysis Suggests That Gender Pay Gap Is Growing

The BBC has completed analysis on the private companies that have published their latest gender pay gap figures and notes that 4 in 10 companies are reporting wider gaps than they did last year, including firms such as Kwik Fit, which grew from a negative pay gap of -15.2% to a positive one of 14%, and Virgin Atlantic which widened from 28.4% t......

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......

The #damages for #injurytofeelings have been increased: https://t.co/LoKwS6D5L8
RT @StefanAshtons: I will be on stand 42 tomorrow @2Counties_Expo @IWMDuxford. Come and talk to me about how @AshtonsLegal @AshtonsHR @Asht