When does an employer have knowledge of an employee’s disability under the Equality Act 2010?

This was the question addressed by the Employment Appeal Tribunal in the recent case of Lamb v The Garrard Academy. An individual is considered disabled if they have a physical or mental impairment that has a significant and long term effect on their ability to carry out day to day activities. ‘Long term’ means it has lasted, or is likely to last,......

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......

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......

“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......

Court of Appeal decides on Minimum Wage for Sleep-In Shifts

In a significant decision for the care sector, the Court of Appeal has ruled that care workers who work sleep-in shifts are only entitled to the National Minimum wage for periods during which they are awake and required to be available for work. In the case of Royal Mencap Society v Tomlinson-Blake, Mrs Tomlinson-Blake was a care support worker fo......

Employment Tribunals are back in business

The Ministry of Justice quarterly statistics for the period January to March 2018 (viewed here) confirm the continued rise in new claims since Employment Tribunal fees were abandoned following the Supreme Court’s decision in R (on the application of Unison) v Lord Chancellor [2017] IRLR 911 nearly one year ago. The report reveals tha......

The government’s proposals in response to the Taylor Review

There is big news this morning regarding the government’s proposed response to the Taylor Review that considered the gig economy and the rights of workers last year. The Good Work Plan seeks to: enforce workers’ holiday and sick payprovide a list of day one rights to workers, including holiday and sick pay entitlements and a new right to a payslip......

10% uplift to injury to feelings awards in discrimination claims

Following a recent Court of Appeal ruling, employees who claim discrimination are likely to be able to obtain 10% more recompense for injury to their feelings than previously. The Court of Appeal ruled in De Souza v Vinci Construction UK Limited that claimants who claim discrimination should be able to claim the Castle v Simmons&nbs......

The importance of a comprehensive social media policy

A recent Employment Tribunal case involving an unsuccessful claim for unfair dismissal has reinforced the need for employers to have a comprehensive social media policy and to ensure that any inappropriate comments are dealt with in the correct manner. It also re-emphasises to employees the need to consider what they post on social media and the po......

Tribunal fees Supreme Court Ruling

The Supreme Court has today decided the case of R (on the application of UNISON) v Lord Chancellor. Unison challenged the rules in relation to tribunal fees introduced in July 2013 which required workers in the UK to pay: a fee for bringing a claim to tribunal (issue fee)a further fee if the claim is heard (hearing fee)a fee if they wish to a......

#Menopause and the #workplace: has your business considered implementing a #MenopausePolicy to attract and retain t… https://t.co/3AuvgkOhjx
We do get to network with the most interesting people! @LucyPakes here with the @KAbreast flamingo mascot!! https://t.co/UKbasEnj6s
RT @housecheckr: Having a very informative conversation with @AshtonsHR https://t.co/p0fgbhFLRF