Welcome to our May newsletter!

Following the Queen’s Speech on 11 May, we would normally expect to report on a raft of proposed employment measures, however this year’s speech was notable for the absence of any such proposals.  In particular, there was no sign of the Employment Bill previously promised by the Government and expected to include measures to extend and protect worker’s rights, and create a Single Enforcement Body to tackle abuses in the labour market.

There have been however a number of pandemic related developments to report, including tweaks to the Coronavirus Job Retention Scheme, an extension for remote right to work checks, a European case on the human rights implications of compulsory vaccination, and an ET decision about whether a dismissal resulting from a refusal to come into the workplace because of concerns about coronavirus could be automatically unfair on health and safety grounds.

We also cover two recent cases concerning the legal definition of disability, a decision on maternity discrimination, and guidance from the Court of Appeal on when it is appropriate for a tribunal to order re-engagement following a successful unfair dismissal claim.

We welcome your feedback and questions so please do get in touch.

COVID-19 update

Consultation on workplace social distancing measures, ACAS guidance on long COVID, right to work checks.

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Was COVID-19 a serious and imminent danger?

An employment tribunal has held that an employee did not reasonably believe COVID-19 to be a serious imminent danger in the workplace.  Therefore his dismissal was not automatically unfair when he was dismissed for refusing to attend work during the pandemic lockdown over concerns about infecting his vulnerable children.

Read more >

Furlough Scheme Update

As most employers will be aware by now, the Coronavirus Job Retention Scheme (more commonly known as the furlough scheme) has been extended until September 2021.  a new Treasury Direction setting out the terms on which the scheme will operate from 1 May to 30 September 2021 was issued by HMRC on 15 April 2021, supplemented by updated guidance.

Read more >

Definition of Disability

Two recent decisions by the Court of Appeal and the Employment Appeal Tribunal have provided further guidance on the often complex and technical question of how to determine whether an individual is disabled for the purposes of the Equality Act 2010.

Vaccination and the Workplace

The issue of vaccination in the workplace remains a hot topic as lockdown restrictions ease.  We look at the human rights issues that may arise when vaccination is made compulsory.

When is re-instatement or re-engagement practicable?

In a recent case, the Court of Appeal considered when it might not be practicable for an employer to reinstate or re-engage an employee who has been unfairly dismissed.

Right to benefits during maternity leave

The Court of Appeal found that London Police did not directly discriminate against an officer on maternity leave when she was not paid a London allowance.

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The Supreme Court has handed down a landmark ruling that Uber drivers are in fact ‘workers’

Following a lengthy legal dispute over the past few years, the Supreme Court has this morning confirmed that Uber drivers are ‘workers’, rather than independent self-employed contractors.

The Supreme Court commented that due to Uber’s control over the drivers, including control over their earnings and performance, and the penalties imposed for failing to accept jobs, their drivers were ‘workers’ from the moment they switch on their apps, to the moment they switch off their apps at the end of the day.

The implications of this finding is that as ‘workers’ they are entitled to certain additional rights/protections such as:

  1. the right to national minimum wage;
  2. the right to paid annual leave;
  3. the right to sick pay;
  4. the right to minimum rest breaks; and
  5. whistleblowing protection.

Further Uber drivers will be able to claim back pay for such rights not received to date.

With tens of thousands of Uber drivers in the UK, this decision could lead to mass claims and significant expense for Uber, particularly now that it will have to rethink its business model.

This judgment is likely to have far reaching implications for the gig economy and other businesses that operate a similar model to Uber.

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Can an employer rely on private WhatsApp messages in disciplinary proceedings, will asserting data protection breaches derail a disciplinary process, is a gender fluid/non binary employee covered under the Equality Act 2010, and can a belief that someone’s birth gender cannot be changed be a protected belief under the Equality Act 2010?

What’s New

This month we look at ICO’s new accountability framework, the extension of ACAS Early Conciliation Period, the highest costs award issue to a Claimant and the Job Retention Bonus.

Read more >

Recent highlights

How private is WhatsApp? 

The Court of Session (the Scottish equivalent of the Court of Appeal) has determined in the case of BC v Chief Constable of the Police Service of Scotland that the Police’s reliance on personal WhatsApp messages to bring misconduct charges against police officers was not a breach of the right to a private life under Article 8 of the European Convention on Human Rights.

Read more >

Data Rights and breach of contract

It is not uncommon for an employee faced with disciplinary allegations to resort to counter allegations such as breach of human rights or data rights in an attempt to put a spanner in the disciplinary works. But how likely is this to successfully de-rail the disciplinary process?

Read more >

Gender fluid/non-binary employee covered by the Equality Act

The very recent case of Taylor v Jaguar Land Rover has held than a gender fluid/non-binary employee is covered under the definition of ‘gender reassignment’ as a ‘protected characteristic’ under the Equality Act 2010 and hence was able to succeed with a claim of discrimination.

Read more >

A belief that sex and gender are set at birth and cannot be changed is held to be a protected a belief under the Equality Act 2010

The ET have made a finding in the case of Higgs v Farmor’s School that a belief that gender is set at birth and cannot be changed is a protected belief under the Equality Act.

Read more >

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What’s New?
This month we look at new ACAS guidance on handling redundancies, guidance for employers who have over (or under) claimed under the Coronavirus Job Retention Scheme and ongoing Government support for employers hit by the pandemic

More…

Holiday Pay
The Employment Appeal Tribunal has held that a profitability bonus was not part of a week’s pay for a worker with normal working hours, and therefore not part of holiday pay in respect of 1.6 weeks entitlement to holiday under UK law.

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TUPE transfers – to more than one employer!
The ECJ has handed down what may prove to be an important decision in the case of ISS Facility Services v Govaerts, deciding that where a particular service being provided to a single client is split between multiple new providers, employees can transfer under TUPE to more than one of those providers, based on the split of work they carry out.

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Employment Status
In two recent cases on the knotty issue of employment status, the tribunals have set out yet again the underlying principles which determine whether someone is an employee, a worker, or genuinely self-employed.

More…

 

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What’s New?
This month we look at updated pandemic data protection guidance from the ICO, preventing furlough fraud, and will working from home by the new normal?

More….

Recommending reasonable adjustments
Where a disabled employee is substantially disadvantaged by a workplace arrangement or practice, an employer must take reasonable steps to avoid that disadvantage, but how far might an employer have to go when it comes to making reasonable adjustments?

More….

Anonymous evidence
In a recent claim, the EAT confirmed it was not outside the range of reasonable responses to dismiss someone in reliance on an anonymous witness.

More…..

Disability discrimination and dismissal
In the recent EAT case of Department of Work and Pensions v Boyers an employment tribunal was found to have adopted the wrong approach by focusing too closely on the employer’s decision making process rather than conducting a balancing exercise between the needs of the employer and the discriminatory effect of the dismissal on a disabled employee.

More….

 

 

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Following the Third Treasury Direction published on 26 June 2020 setting out the mechanics of the changes to the Coronavirus Job Retention Scheme and the implementation of the ‘flexible furlough scheme’ available from 1 July 2020, there was some confusion about whether the Scheme could be used to recoup notice sums paid to employees who serve notice whilst still on furlough leave.

HMRC has now confirmed in its updated guidance that the Scheme can be used in respect of both statutory and contractual notice periods. The relevant section of the employer guidance states:

“You can continue to claim for a furloughed employee who is serving a statutory or contractual notice period, however grants cannot be used to substitute redundancy payments.”

A similar amendment has also been made to the employee guidance.

As such it is now clear that the Scheme can be used to pay the whole of an employee’s statutory or contractual notice period in circumstances where the furloughed employee is dismissed on notice. We are sure this is welcome news to employers.

Please do not hesitate to get in touch with us if you have any questions regarding the above or the Scheme generally.

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On 26 June 2020, the Third Treasury Direction was published setting out the mechanics of the changes to the Coronavirus Job Retention Scheme (‘the Scheme’) and dealing principally with the implementation of the ‘flexible furlough scheme’ available from 1 July 2020.

However, an amendment to the introduction section of the Scheme as a whole has raised concern over the ability of employers to recoup notice sums paid to employees who are dismissed whilst still on furlough leave.

Crucially, the terms of the third Treasury direction imply that payments obtained through the Scheme must be used ‘to continue employment.’

This suggests that, where employment has been terminated and the employee is working under notice, the Scheme should not be accessed in respect of those employees.

This is contrary to most commentators’ previous interpretation of the Scheme, namely that some element of notice pay could be recovered under the Scheme in many circumstances.

Given that neither the guidance nor the Treasury Direction explicitly exclude notice pay, and the guidance makes it clear that employees can be made redundant whilst on furlough, it seems likely that furlough payments made during the notice period will be recoverable, but the uncertainty is incredibly unhelpful for employers.

Urgent clarification is being sought from the Government but until further guidance is issued, employers need to be aware that there is at least a potential risk that they will not be able to recoup any part of notice sums paid to employees who are dismissed whilst on furlough leave, even if they are required to work that period of notice.

Please do not hesitate to get in touch with us if you have any questions.

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What’s New?

This month we look at new ACAS guidance on handling disciplinaries and grievances during lockdown; holiday for furloughed workers; the latest report from the Low Pay Commission on compliance with the national minimum wage; and an update on the Coronavirus Job Retention Scheme.

More…

Constructive Dismissal – The straw which broke the camel’s back

In the recent case of Williams v Governing Body of Alderman Davies Church in Wales Primary School, the Employment Appeal Tribunal considered whether a “last straw” that is in itself entirely harmless can still form the basis of a successful constructive dismissal claim.

More…

Wrongful dismissal and length of service

Should length of service be taken into account when determining whether an employee has been wrongfully dismissed? No, held the EAT in East Coast Main Line Company Ltd v Cameron.

More…

Genuine right of substitution incompatible with ‘worker status

In the case of B v Yodel Delivery Network Ltd the European Court of Justice gave its view on whether staff engaged by Yodel were ‘workers’ and hence entitled to holiday pay.

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Discrimination in recruitment

In a case about an Italian radio interview the European Court of Justice has found that a simple statement that the interviewee would not hire homosexual employees in his law firm was capable of amounting to unlawful discrimination.

More…

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What’s New?
This month we look at new ACAS guidance on working from home; remote right to work checks; an increase to compensation for injury to feelings in discrimination claims; the latest tribunal statistics; the last word on shared parental pay and sex discrimination; and proposals for the new points-based immigration system which will take effect from 1 January 2021.
For information about the employment law implications of the Covid-19 crisis and the Coronavirus Job Retention Scheme, please see the dedicated updates on our website

More…

Unfair Dismissal – The Full Story
Can a dismissal be unfair if the dismissing officer is unaware that a complaint has been withdrawn? Yes, according to the EAT in the recent case of Uddin v London Borough of Ealing

More…

National Minimum Wage
The EAT has held in the case of Commissioners for HM Revenue and Customs v Middlesbrough Football Club that salary deducted from employees’ wages to purchase season tickets could not count towards the National Minimum Wage

More…

Dismissal because of reputational risk
In the case of Lafferty v Nuffield Health the EAT considered whether an employee was fairly dismissed because of the potential reputational risk arising from criminal charges

More…

Liability for data breaches by rogue employees
Is an employer vicariously liable for breaches of the Data Protection Act on the part of an employee who had a personal vendetta? No, held the Supreme Court in the case of VM Morrison Supermarkets plc v Various Claimants

More…

 

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Finally, after weeks of debate amongst employment law practitioners and silence on the part of the Government, the question of whether employees can take annual leave whilst furloughed has been answered with a resounding “yes”.

The latest version of the Government’s guidance for employees confirms that employees can take holiday whilst on furlough and must be paid their usual holiday pay in accordance with the Working Time Regulations. That means employers will have to make an additional payment to top up wages to full pay for furloughed employees who take holiday during furlough leave.

Where employees wish to take holiday whilst furloughed, the usual rules for notification (in their contract of employment or the default rules under the WTR) will apply. An employer may refuse a holiday request by serving counter-notice, which must be given at least as many calendar days before the date on which the leave is due to start as the number of days which the employer is refusing.

An employer who would like employees to take some holiday entitlement during a period of furlough leave (perhaps to avoid operational difficulties later in the year) can give notice of a requirement to take WTR holiday. Notice must be at least twice the length of the period of holiday that the worker is being required to take.

If you would like advice on any of the issues raised above or assistance with drafting a furlough agreement, please do not hesitate to get in touch with us.

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The Treasury has now published a formal detailed Direction to HMRC setting out how the Coronavirus Job Retention Scheme should operate. Full details can be viewed here

There is one aspect of the Treasury Direction which is of particular note.

The Direction provides that in order for an employee to be properly furloughed, there must be a written agreement between the parties confirming furlough leave, although this may be in an electronic form such as an email

This is significant as it appears to be inconsistent with the official guidance published by the Government which states that in order to be eligible for the grant employers must simply “confirm in writing to their employee that they have been furloughed.”

It is not clear from the Treasury Direction whether, if you subsequently obtain written agreement, a claim can be backdated to cover the period when you thought employees were furloughed but in fact may not have been.

If you would like advice on any of the issues raised above or assistance with drafting a furlough agreement, please do not hesitate to get in touch with us.

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The available Government guidance on the Coronavirus Job Retention Scheme (which deals with furlough leave for eligible employees) was updated on 9 April 2020, just before the bank holiday weekend, and again this afternoon.

The link to the updated guidance is here https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme.

Firstly, the date on which an employee has to have been on the employer’s payroll in order to qualify for the scheme has been changed from 28 February to 19 March 2020.

Secondly, the updated guidance contains an important clarification concerning employees absent through sickness and furlough leave – important not least because it is an issue that will arise for many employers but also because it contradicts the previous indications on this issue.

The guidance now makes it clear that whilst the furlough scheme is not intended to deal with short-term absences from work due to sickness, employers who wish to place employees who are absent through sickness (or indeed have self-isolated or are ‘shielding’) on furlough leave are free to do so.

The important point appears to be that someone’s absence through sickness etc. should not be a consideration in deciding whether to furlough them. Employees should be furloughed on the same basis as their counterparts who are able to attend work. To do otherwise risks claims of discrimination.

It also means there is nothing to prevent employees who have been absent long-term through sickness (and may in some instances be receiving generous company sick pay) being placed on furlough leave.

The final update is less official and has come to our attention via a ‘tweet’ issued by HMRC Customer Support. The ‘tweet’ in question stated that it is possible to take annual leave when on furlough leave, and it must be paid at full pay. This is a useful indication of the likely position although we should stress there has been no official guidance as yet on the subject of taking annual leave whilst on furlough leave. Our view is that entitlement to normal holiday pay will most likely be limited to the statutory minimum annual leave of 5.6 weeks.

If you would like more advice on any of the issues raised above or in our Coronavirus FAQs (read here), please do not hesitate to get in touch with us.

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Over the weekend, the Government has produced further guidance on the Coronavirus Job Retention scheme.

Key points include the following;

• Subject to any restriction in their employment contract, employees can start a new job when on furlough leave (meaning they could end up earning 80% of their old salary and 100% salary from a new job).
• In addition to basic salary, an employer can reclaim 80% of contractual commission owed to employees.
• Employers cannot however reclaim the value of non-monetary benefits such as a company car.
• Directors who are furloughed can still perform their statutory duties, but no other work.
• ‘Workers’ (as opposed to employees) who are paid through PAYE can also be furloughed and receive support through the scheme.
• Employees can be furloughed, brought back to work and then furloughed again multiple times however each period of furlough leave must last for a minimum of three weeks.
• An employer must notify the employee of their furlough status in writing and keep a record of the written notification for five years.

Further guidance can be found here

https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

If you would like more advice on any of the issues raised above or in our Coronavirus FAQs (read here), please do not hesitate to get in touch with us.

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Key employment law changes coming in to force on 6 April 2020

Further to our update at the beginning of the year, there are a key number of changes coming in to force on 6 April 2020 including legislation under the Good work plan.

Termination payments
All termination payments above the £30,000 threshold will be subject to class 1A NICs. If you are negotiating a settlement agreement or exit package this is something that both parties will need to consider as it places obligations on the employer and may result in a smaller financial sum for the employee.
Statement of terms for all workers
All workers, not just employees, will be entitled to a written statement of terms of employment from day one of their employment (or before), rather than within two months of starting. This information must also now include: details of all remuneration and benefits; any paid leave the worker is entitled to; any probationary period; the hours and days of the week the worker is required to work; and details of any training provided by the employer.

Changes to holiday pay calculations
The reference period to calculate a ‘week’s pay’ for those who do not have normal working hours or those whose pay varies will be extended from 12 to 52 weeks. If an employee has worked for less than 52 weeks then the reference period will be the number of weeks the employee has worked.

Changes to agency worker contracts
Employment businesses must provide agency work-seekers with a key information document before the terms under which they will work are agreed. The information to be given includes: minimum rate of pay; any deductions to that pay, how they will be paid and by whom; and annual leave entitlement.
The “Swedish Derogation” provision that appears in many agency workers’ contracts (which enabled businesses to opt out of equal pay requirements) will no longer apply. Temporary work agencies must advise workers of this in writing by 30 April 2020.

Statutory Parental Bereavement PayA new statutory right will apply from 6 April 2020 which entitles employees to take one or two weeks off work following the death of a child under 18 or a stillbirth. A new statutory payment, statutory parental bereavement pay, may be payable during parental bereavement leave, this will depend on the individual’s length of service and earnings.

Statutory Sick Pay and Family Related Pay
The statutory sick pay rate will increase from £94.25 to £95.85 and the statutory rate of maternity pay, paternity pay, adoption pay, and shared parental pay will increase from £148.68 per week to £151.20.

National Minimum Wage and National Living Wage
As of 1 April 2020, National Living Wage increased from £8.21 to £8.72 per hour for those aged 25 and over.
National Minimum wage increased as follows;
• For 21 to 24 year old the rate increased from £7.70 per hour to £8.20 per hour
• For 18 to 20 year old rate increased from £6.15 per hour to £6.45 per hour
• For 16 to 17 year old rate increased from £4.35 per hour to £4.55 per hour

We are likely to see further developments as the year progresses and as a result of the current Covid-19 pandemic, but you can put yourself in the best position by taking steps now to ensure you have the correct documentation and processes in place. We can do the hard work of reviewing and updating your contracts and policies, so get in touch and we would be happy to discuss how we can help you.

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The Government’s furlough proposals are aimed at helping businesses to survive the COVID-19 crisis.  The proposals are still in outline form.

Further guidance can be found by following these links.

https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19/covid-19-support-for-businesses#support-for-businesses-through-the-coronavirus-job-retention-scheme

https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19/covid-19-guidance-for-employees#furloughed-workers

If you would like more advice on any of the issues raised above or in our Coronavirus FAQs (read here), please do not hesitate to get in touch with us.

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1. If someone is healthy but has received a written notice to self-isolate from a GP or NHS 111 are they entitled to sick pay?

Yes, because they are deemed (in accordance with 2 of the Statutory Sick Pay (General) Regulations 1982) to be incapable of work, and so are entitled to statutory or company sick pay in line with your normal sick pay procedure.

This is assuming they are unable to continue working remotely. Employees who are healthy but have been instructed to self-isolate may be able to work from home – if this is an option, you may wish to discuss this with employees in this situation.

On 4 March 2020 the Prime Minister announced plans for Statutory Sick Pay to be available from day one (rather than day four) for employees who self-isolate as a temporary measure to respond to the outbreak. This change has not yet come into effect but we will make you aware when it does.

2. If somebody chooses to self-isolate, and/or is not given formal written notice to do so by a GP or NHS 111, are they entitled to sick pay?

No, they are not entitled to statutory or company sick pay as they are not incapable (or deemed to be incapable) of work. You can of course use your discretion to pay sick pay in this circumstance but there is no obligation, in which case anyone who chooses to self-isolate will either have to:

In practice, as this is a preventative measure to reduce the transmission of the virus, you should consider whether other arrangements can be put in place to allow the employee to self-isolate whilst still working, for example home working. If it is possible to put such arrangements in place, the employee should be paid as normal.

3. If an employee is self-isolating, can we still require him or her to submit a ‘fit note’?

You may need to be flexible with an employee in this situation. For example, someone who has been told to self-isolate for 14 days may well not be able to provide a fit note after 7 days. You should therefore use your discretion when requiring medical evidence.

4. What if we are concerned about someone who has recently returned from a high risk country such as China or Italy, can we tell them not to come into work?

You are under a duty to protect the health and safety of your employees, so if there is an identified risk that an employee may have been exposed to the virus, you can ask them not to come to work as a preventative measure for the protection of other employees.  You should also check whether they have followed the current Government and NHS guidance on self- isolation. If they have returned from one of the countries listed by the NHS as being at higher risk of Coronavirus, it may well be that if they contact their GP or NHS111 they will be issued with a written notice requiring them to self-isolate.

Any instruction not to attend work should be related to potential exposure to the virus in line with the current Government and NHS guidance and should apply to all staff regardless of nationality or ethnicity. Where there are viable alternatives, such as working from home, these should be explored before any instruction is given to stay away from work.

If the individual is not unfit to work, their entitlement to sick pay will be determined by whether or not they have a written notice requiring them to self- isolate.  If the individual is later diagnosed with Coronavirus or otherwise becomes too unwell to work, they will be entitled to statutory or company sick pay in the normal way.

5. What if an employee requests time off to look after someone else who has or may have the Coronavirus?

Employees are entitled to unpaid time off work to deal with an unexpected situation or emergency involving someone who depends on them (i.e. child, spouse, parent or other individual in the same household). This might apply in the context of Coronavirus where an employee:

The amount of time off an employee is entitled to take must be reasonable to deal with the emergency in question – usually no more than two or three days. There is no statutory right to paid or unpaid time off to provide ongoing childcare or to look after an elderly parent in the long term so if more time is needed, an employee will have to book holiday or take it as unpaid leave.

6. What if employees cancel their current holiday plans at short notice if they were planning to visit an affected country. Do we have to accept this if the rotas have already been reorganised?

These requests should be granted if at all possible otherwise employees may feel pressured to risk taking their holiday as originally planned, leading to a period of self-isolation or a risk to colleagues on their return to work.

7. What if employees are refusing to come to work for fear of catching the Coronavirus?

You should listen to any concerns employees may have and where there are genuine concerns, you should try to resolve them to protect the health and safety of employees. For example, you should consider flexible working arrangements such as home working or it may be possible to allow employees who wish to do so to take holiday or unpaid leave. If their fear is the risk of infection on public transport, it may be possible to adjust their hours to enable them to travel outside rush hour.

If you do permit remote working or holiday, you should reserve the right to require workplace attendance on short notice in case you find yourself short staffed. You should also make it clear that disciplinary action could be taken if an employee refuses to attend work without good reason.

You are not obliged to agree to a request to take time off, whether paid or unpaid, where the request is not in line with Government or NHS guidance. If you refuse a request for time off and an employee still refuses to attend work, you are entitled to take disciplinary action.  Before any disciplinary sanction is imposed, the situation should be discussed in full with the individual and account should be taken of any mitigating circumstances.  Whilst you may wish to impose a disciplinary warning, bear in mind that it is likely to be unfair to dismiss because of a refusal to attend work arising out of a genuine albeit misguided fear of infection.

8. Can we require employees to take annual leave if they have requested time off work?

An employer may give notice ordering a worker to take statutory holiday on specified dates, however, such notice must be at least twice the length of the period of leave the worker is being ordered to take.  That means if an employee is concerned about coming into work and you require them to take a week’s holiday, you will have to give them at least 14 days’ advance notice.  As such, this is unlikely to be a practical option. Obviously if an employee agrees to take holiday at your request, no notice is needed.

9. What if we decide to close because of the risk of people catching the virus?

If this becomes necessary, you should where possible make alternative arrangements so employees can continue to work, whether that be from home or at another location. You should also ensure that employees know how to communicate with managers and colleagues.

You should note that where an employee is willing and able to perform work in accordance with their contract, you have an obligation to pay wages so employees in this situation will be entitled to their normal pay unless their contract provides otherwise.

We have considered whether a contractual right to lay off and/ or short-time working could be used to avoid having to pay full pay to employees in this situation. The answer is that it depends. An employee is “laid off” and entitled to a guarantee payment from the Government if the terms of their employment contract provide that whether or not they are paid depends on their employer providing them with the work they are employed to do, and they are not entitled to any pay during the period in question because their employer does not provide work for them.  That means lay off may be an option for hourly paid employees but may not be appropriate for salaried employees.  Note, this approach is not an option where there is no right to lay off in the contract of employment.

10. What if an employee or member of the public who is confirmed to have the virus has recently been in the workplace?

You will be contacted by the PHE local Health Protection Team to discuss the case, identify people who have been in contact with them and advise on any actions or precautions that should be taken.

The government guidance suggests closure of the workplace is not required unless the PHE local Health Protection Team advise you of this.

11.  What if an employee has had contact with a person who has a confirmed case of the virus for example, an employee living in the same household as a confirmed case?

If an employee informs you that their child/partner has a confirmed case of the virus, urge them to seek immediate advice from their GP or NHS 111. Those who have had close contact will be asked to self-isolate at home for 14 days from the last time they had contact with the confirmed case.

Employees who have not had close contact with the original confirmed case, i.e. those who have just had contact with an employee who has had contact with the confirmed case, do not need to take any precautions and can continue to attend work as normal in accordance with current Government guidance.

12. What if an employee is refusing to handle post, packages or food from affected areas

The Government guidance states that there is no perceived increase in risk when handling post or freight from specified areas so employees should continue to follow existing risk assessments and safe systems of work and be asked to review the Government guidance in this regard for peace of mind.

If employees refuse to do certain tasks without good reason, disciplinary action may be appropriate. 

13. Should we be doing anything to reduce the risks of exposure in the workplace?

Yes, you are under a duty to protect the health and safety of employees. Such actions could include:

You should keep everyone updated on actions being taken to reduce the risk of exposure in the workplace. It is also a good time to remind employees that they should make sure their contact numbers and emergency contact details are up to date.

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If your business uses the services of consultants and contractors through an intermediary such as a personal service company, you will be aware of the importance of getting ready for the off-payroll rules (IR35) that will apply in the private sector from 6 April 2020.

HMRC and HM Treasury have now issued helpful clarification that the new off-payroll rules will only apply to services carried out on or after 6 April 2020 and will not catch services performed before that date even if they were paid for after that date.

If payment is made on or after 6 April 2020 in respect of services provided both before and after 6 April 2020, a “just and reasonable” apportionment will be required.

https://www.gov.uk/government/news/hmrc-announces-change-to-the-off-payroll-working-rules

Our employment team can carry out an assessment of the status of the individuals you engage and provide advice and support on the new IR35 new rules. Get in touch if you’d like to discuss this with us further.

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What’s New?

This month we look at the new guidance on data protection for small businesses, increases to the national minimum wage, and the new employment bill announced in the Queen’s speech.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/652823_whats-new-january-2020.pdf?dm_i=21HH,6PINI,NK38PB,QRZCO,1

Disciplinary investigations

In Sunshine Hotel Ltd v Goddard the EAT held that an employer must carry out as much investigation as is reasonable in the circumstances but this does not necessarily mean that a separate investigatory and disciplinary hearing is required in every case. 

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/652873_unfair-dismissal—investigation.pdf?dm_i=21HH,6PINI,NK38PB,QRZCO,1

Protecting philosophical belief

In  two recent cases, the employment tribunal has explored the outer limits of what counts as a “philosophical belief” for the purposes of the Equality Act.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/652815_belief-discrimination–formatted.pdf?dm_i=21HH,6PINI,NK38PB,QRZCO,1

Substitution clause does not automatically prevent ‘worker’ status

In yet another case, Stuart Delivery v Augustine, the courts have confirmed worker status for couriers in the gig economy. The discussion in this particular case centres on the scope of substitution clauses and when such a clause can, or in this case cannot, mean that someone is genuinely self-employed.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/652818_substitution-clause—stuart-delivery-v-augustine.pdf?dm_i=21HH,6PINI,NK38PB,QRZCO,1

Blanket “no beards” policy was indirectly discriminatory

In Sethi v Elements Personnel Services Ltd, an employment tribunal decided that a blanket “no beards” policy operated by a temping agency amounted to indirect religious discrimination against a practising Sikh who had been refused work based on that policy. 

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/652821_sethi-v-elements-personnel-services.pdf?dm_i=21HH,6PINI,NK38PB,QRZCO,1

Pannone Academy offers a range of employment law and HR courses designed to help companies ensure they operate within the law, with a clear focus on prevention rather than cure. More details can be found online at Pannone Academy

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An employment tribunal ruled last week that ethical veganism is protected under the Equality Act in the same way as a religious belief, but what does that mean for employers?

In purely legal terms it means it is unlawful for an employer to treat a worker less favourably, put them at a particular disadvantage or harass them because of their vegan beliefs.

In practice, it is difficult to imagine circumstances in which this might become an issue – most employers would protest that they didn’t treat vegan employees any differently before this decision and they aren’t about to start now!

Let’s take a closer look however….

With veganism on the rise, it is clear there are circumstances in which last week’s tribunal decision could have an impact on your business.

What can (should) employers be doing?

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The tumultuous political landscape of 2019 created massive uncertainty about what would happen regarding Brexit and with our own laws and policies. Now the dust has settled, and with the new year stretching out before us, we can set out with more clarity some of the developments we expect to impact on employers and employees over the next 12 months and beyond.

A number of changes have already been legislated for and will come into force on 6 April 2020 so employers should start now on the necessary preparatory steps to ensure they are in a position to meet their new legal obligations.

Off-payroll working and IR35

The off-payroll working rules will be extended to large and medium-sized companies in the private sector. Employers using agencies, consultants and contractors will need to review these working arrangements to identify whether they may be responsible for deducting tax and NI from payments made to these individuals.

Termination payments

All termination payments above the £30,000 threshold will be subject to class 1A NICs. If you are negotiating a settlement agreement or exit package this is something that both parties will need to consider as it places obligations on the employer and may result in a smaller financial sum for the employee.

Statement of terms for all workers

All workers, not just employees, will be entitled to a written statement of terms of employment from day one of their employment (or before), rather than within two months of starting. This information must also now include: details of all remuneration and benefits; any paid leave the worker is entitled to; any probationary period; the hours and days of the week the worker is required to work; and details of any training provided by the employer.

Changes to holiday pay calculations

The reference period to calculate a ‘week’s pay’ for those who do not have normal working hours or those whose pay varies will be extended from 12 to 52 weeks. If an employee has worked for less than 52 weeks then the reference period will be the number of weeks the employee has worked.

Changes to agency worker contracts

Employment businesses must provide agency work-seekers with a key information document before the terms under which they will work are agreed. The information to be given includes: minimum rate of pay; any deductions to that pay, how they will be paid and by whom; and annual leave entitlement.
The “Swedish Derogation” provision that appears in many agency workers’ contracts (which enabled businesses to opt out of equal pay requirements) will no longer apply. Temporary work agencies must advise workers of this in writing by 30 April 2020.

Statutory Parental Bereavement Pay

In April 2020, the Parental Bereavement (Leave and Pay) Act 2018 is expected to come into effect. This provides employed parents with 2 weeks’ paid leave if they lose a child under the age of 18, or suffer a stillbirth after at least 24 weeks of pregnancy.
In light of the changes set out above, now is a good time to review and update your current contracts, documents and policies. We can assist with this to ensure you are in a position to comply with the new legal requirements when they come into force in a few months’ time.

Brexit and the impact on EU workers’ rights

The UK is now almost certain to leave the EU on 31 January. Under the anticipated transitional arrangements, EU nationals will continue to be permitted to enter the UK without additional requirements until the transition period expires on 31 December 2020 and to apply for settled status before a deadline of 30 June 2021.

A new points-based immigration system which will apply equally to EU and non-EU migrants is planned for January 2021. The new regime promises to simplify ways for UK employers to access skilled migrant workers but there are currently no long-term plans relating to those in ‘low skilled’ occupations such as social care or hospitality. Employers will be expected to fill any gaps in their workforce by hiring UK workers where possible, or through temporary short-term routes.

What steps can employers take now?

• Plan ahead for the January 2021 changes – consider ongoing staffing requirements and if you may need workers from overseas after January 2021, consider applying for a sponsorship licence in advance of the changes coming into force;
• Stay up to date with new developments and government announcements regarding EU and other migrant workers – the UK Visas and Immigration page of the Home Office website can be a good place to start https://www.gov.uk/government/organisations/uk-visas-and-immigration;
• Be aware of the new checking requirements for establishing a right to work after the documentation deadline of June 2021 and make sure you have a robust internal procedure in place for ongoing right to work checks; and
• Exercise caution in making any significant decisions regarding EU workers during the transition period, remembering that general employment law principles still apply.

If you have any queries about current right to work checks, recruiting migrant workers or other business immigration matters then don’t hesitate to contact us.

Employment Bill

The Queen’s Speech referred to a new Employment Bill which will protect and enhance workers’ rights as the UK leaves the EU. The proposals include the creation of a new enforcement body for workers’ rights; the right for all workers to request a more predictable contract; an increase in the leave entitlement for neonatal care and unpaid carers; the extension of redundancy protections to prevent pregnancy and maternity discrimination; and (subject to consultation) making flexible working the default unless employers have good reason not to agree.

We are likely to see further developments as the year progresses, but you can put yourself in the best position to keep on top of the forthcoming changes by taking steps now to ensure you have the correct documentation and processes in place. We can do the hard work of reviewing and updating your contracts and policies, so get in touch and we would be happy to discuss how we can help you.

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What’s New?
This month we look at the disability pay gap, new ICO guidance on
special category data, the Government’s new holiday calculator, and the
final word on carry over of holiday pay.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/649720_amended-whats-new-december-2019.pdf?dm_i=21HH,6NFM5,NK38PB,QI0UY,1

Whose motivation counts when it comes to the reason for dismissal?

In two recent cases, the courts have looked at whether a dismissal can be automatically unfair when the decision maker was not motivated or even aware of the automatically unfair reason for the dismissal.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/649590_royal-mail-v-jhuti—knowledge-of-decision-maker.pdf?dm_i=21HH,6NFM5,NK38PB,QI0UY,1

‘Workers’ not just employees covered by TUPE

In what could be one of the most significant decisions in many years relating to the application of TUPE, the Central London employment tribunal in Dewhurst v Revisecatch Ltd t/a Ecourier has held that ‘workers’ and not just employees are entitled to the protection of the TUPE legislation

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/649600_tupe-and-workers-formatted.pdf?dm_i=21HH,6NFM5,NK38PB,QI0UY,1

The extent of an employee’s right to freedom of expression

The European Court of Human Rights has held that the dismissal of an employee who set up and posted articles on a professional knowledge-sharing website was in violation of his rights under Article 10 of the European Convention on Human Rights.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/649606_right-to-freedom-of-expression-formatted.pdf?dm_i=21HH,6NFM5,NK38PB,QI0UY,1

What constitutes satisfactory evidence of right to work?

In the case of Badara v Pulse Healthcare Limited, the Employment Appeal Tribunal clarified the approach an employer should take to the issue of right to work for a non EEA family member of an EEA national.   

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/649718_amended-right-to-work.pdf?dm_i=21HH,6NFM5,NK38PB,QI0UY,1

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https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/647179_whats-new-november-2019.pdf?dm_i=21HH,6M33R,TG9LI9,QBRD7,1

Third party harassment – can employers still be liable? The Employment Appeal Tribunal has held that employers are only liable for third party harassment where their action or inaction in respect of the third party’s conduct is on the ground of a protected characteristic. However, the employee was successful in his claim against the employer itself for indirect discrimination arising out of the same scenario, which means that employers may still be exposed to potential claims even if the discriminatory conduct is that of a third party.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/647139_third-party-harassment-article-final.pdf?dm_i=21HH,6M33R,TG9LI9,QBRD7,1

Covert monitoring and the right to privacy In López Ribalda and others v Spain, the European Court of Human Rights has decided that the use of hidden cameras to monitor suspected workplace theft by a number of supermarket cashiers did not violate their privacy rights under Article 8 of the European Convention on Human Rights.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/647140_cctv-ecj-decision—lopez.pdf?dm_i=21HH,6M33R,TG9LI9,QBRD7,1

What constitutes a philosophical belief? In Gray v Mulberry Company (Design) Ltd, the Court of Appeal has given the latest judgment in a line of cases which test the extent of what constitutes a protected philosophical belief under the Equality Act.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/647176_discrimination-and-philosophical-belief—gray.pdf?dm_i=21HH,6M33R,TG9LI9,QBRD7,1

Protected conversations In the recent case of Harrison v Aryma Limited the Employment Appeal Tribunal considered when an offer of termination under a settlement agreement is, and is not, protected.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/647141_protected-conversations-formatted.pdf?dm_i=21HH,6M33R,TG9LI9,QBRD7,1

Pannone Academy offers a range of employment law and HR courses designed to help companies ensure they operate within the law, with a clear focus on prevention rather than cure. More details can be found online at Pannone Academy

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What’s new
This month we look at the latest recommendations for reforming the use of non disclosure agreements in discrimination cases, new rules for Class 1A employer NICs liabilities on termination awards and sporting testimonials, and the benefits of a minimum wage. Read more

Third party harassment – can employers still be liable?

The Employment Appeal Tribunal has held that employers are only liable for third party harassment where their action or inaction in respect of the third party’s conduct is on the ground of a protected characteristic. However, the employee was successful in his claim against the employer itself for indirect discrimination arising out of the same scenario, which means that employers may still be exposed to potential claims even if the discriminatory conduct is that of a third party. Read more

Covert monitoring and the right to privacy

In López Ribalda and others v Spain, the European Court of Human Rights has decided that the use of hidden cameras to monitor suspected workplace theft by a number of supermarket cashiers did not violate their privacy rights under Article 8 of the European Convention on Human Rights. Read more

What constitutes a philosophical belief?

In Gray v Mulberry Company (Design) Ltd, the Court of Appeal has given the latest judgment in a line of cases which test the extent of what constitutes a protected philosophical belief under the Equality Act. Read more

Protected conversations

In the recent case of Harrison v Aryma Limited the Employment Appeal Tribunal considered when an offer of termination under a settlement agreement is, and is not, protected. Read more

Who to contact

Jack Harrington

Head of Employment

0161 393 9050

jack.harrington@pannonecorporate-com.stackstaging.com

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What’s new

This month we look at two shocking reports on sexual harassment at work, new ACAS guidance on overtime and suspension, updated Home Office guidance on right to work checks, and the latest statistics from the employment tribunal. Read more

Case law review

Warnings for disability related absence

Most employers issue disciplinary warnings where an employee’s attendance levels fall below a satisfactory standard, but what if poor attendance is caused by a disability? In the recent case of DL Insurance Services Ltd v O’Connor the EAT considered this question. Read more

 

A rock and a hard place – dismissals where there may be no right to work

Under current immigration legislation, an employer is liable for a civil penalty of up to £20,000 if it employs someone who does not have the right to work in the UK and it does not have the necessary evidence of right to work to establish a statutory excuse to a civil penalty. Obtaining evidence of right to work before employment has started is straightforward however where an employee fails to provide evidence of an ongoing right to work, an employer can find itself caught between the rock of civil or even criminal liability, and the hard place of an unfair dismissal claim. Read more

 

Disability Discrimination

In the case of Ali v Bedford Hill Family Practice the EAT considered whether a decision to dismiss an employee who was unable to return to work full time because of an ongoing heart condition amounted to disability discrimination. Read more

 

Lower termination payments for fixed-term workers not unlawful

In the cases of Montero Mateos and Grupo Norte, the ECJ has held that a Spanish law giving fixed-term workers less compensation than permanent staff on the termination of their employment did not breach the Fixed-Term Work Directive. Read more

 

Leaking confidential information part of ‘trade union activities’

In the recent case of Morris v Metrolink the Court of Appeal has decided that the dismissal of a trade union representative when he retained and used leaked confidential information relating to union members was a dismissal for taking part in trade union activities and hence automatically unfair. Read more

Who to contact

Jack Harrington

Head of Employment

0161 393 9050

jack.harrington@pannonecorporate-com.stackstaging.com

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
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The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

Read more...
Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

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What’s New?
This month we look at the latest statistics from the employment tribunal, ongoing questions about worker status, a proposal to reduce the qualifying age for the national living wage and additions to the Tier 2 shortage occupation list.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/643199_whats-new-october2019.pdf?dm_i=21HH,6K7OZ,TG9LI9,Q3OBW,1

Amendments to a disciplinary investigation did not render dismissal unfair In Dronsfield v The University of Reading the EAT considered whether an employee’s dismissal had been rendered unfair by amendments to an investigation report made as the result of legal advice.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/643200_investigation-report.pdf?dm_i=21HH,6K7OZ,TG9LI9,Q3OBW,1

Refusal of a rest break The EAT has held that a kitchen porter who complained about not having a rest break and was subsequently threatened with dismissal was subject to an unlawful detriment

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/643202_refusal-of-a-rest-break.pdf?dm_i=21HH,6K7OZ,TG9LI9,Q3OBW,1

Vegetarianism – lifestyle choice or protected belief? Under the Equality Act, it is unlawful to harass or discriminate against an employee because of religion or belief, but what sort of belief merits protection?  In a recent case an employment tribunal considered whether vegetarianism is a protected belief.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/643203_vegetarianism.pdf?dm_i=21HH,6K7OZ,TG9LI9,Q3OBW,1

Giving a false reason for dismissal was sufficient to shift the burden of proof In Base Childrenswear Ltd v Otshudi the Court of Appeal found that an employer giving a false reason for dismissal was sufficient to lead to a finding of race discrimination.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/643204_burden-of-proof.pdf?dm_i=21HH,6K7OZ,TG9LI9,Q3OBW,1

Pannone Academy

News of the fine issued to PwC in this month’s update highlights the
importance for employers of understanding their obligations under the
GDPR.  As part of its range of employment law and HR courses, Pannone
Academy offers an introduction to the GDPR which outlines employer
obligations under the GDPR and will assist in training staff to ensure they are aware of these obligations. 
More details can be found online at https://www.pannoneacademy.com/

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
Incorporation of contract terms: how to ensure your terms apply - Pannone Corporate

The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

Read more...
Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

View all posts

What’s new

This month we look at new guidance on dress codes and discrimination, Acas guidance on religion and belief discrimination, and updates to the EHRC’s handbook on the Equality Act

EHRC updates handbook on the Equality Act 2010

The Equality and Human Rights Commission has published a handbook which provides a brief overview of the Equality Act 2010 and guidance for advisers in England and Wales. The handbook is not designed to be a comprehensive summary of equality law but to act as a reference guide and direct further reading. The handbook covers:

https://www.equalityhumanrights.com/sites/default/files/equality-act-2010-handbook-for-advisers.pdf

Government guidance on dress codes and sex discrimination

The Government Equalities Office has published guidance for employers, employees, and job applicants on dress codes and discrimination. The guidance was produced following recommendations made in a report by the Women and Equalities Select Committee and the Petitions Committee. The report called for the Government to impose stricter penalties on employers who enforced discriminatory dress codes however the guidance contains no details of any measures to toughen up sanctions.

The guidance is brief and vague but sets out how the law might apply in cases of sex discrimination and employers’ legal responsibilities when setting a workplace dress code. The guidance specifically addresses the issue of transgender employees and religious symbols in the workplace.

It should be noted that the guidance only deals with the rights of employees and does not address the rights of the wider category of workers protected under the Equality Act 2010 such as agency workers.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/709535/dress-code-guidance-may2018-2.pdf

New Acas guide on religion and belief discrimination

The Advisory, Conciliation and Arbitration Service has published new guidance on religion and belief to help prevent discrimination at work.

The guidance offers advice to employers where discrimination is most likely to occur, namely recruitment, requests for annual leave, dress codes, and training and development opportunities.

As well as an explanation of the law, it contains practical advice on a variety of issues including:

http://www.acas.org.uk/index.aspx?articleid=1856

Amendments to the Time Off for Public Duties Order

 The Time Off for Public Duties Order 2018 (SI 665/2018) was made on 30 May 2018 and will come into force on 1 October 2018.

The Order will grant unpaid time off work to four groups of volunteers in the criminal justice system who monitor conditions of those in custody. These four groups are:

Currently employers are not obliged to grant time off work for the above volunteers to perform public duties, but they will be obliged to from 1 October 2018.

https://www.legislation.gov.uk/uksi/2018/665/made

Case law review

Strict liability for disability discrimination

The Court of Appeal has confirmed that an employer may find that it has discriminated against an employee for a reason arising as a consequence of his or her disability even when the employer was not aware at the relevant time that there was a link between the disability and the reason for dismissal. Read more

Conduct short of gross misconduct

Two recent EAT decisions have given food for thought on the subject of dismissal for serious misconduct. Is it fair to dismiss for conduct short of gross misconduct without prior warnings?  Is it fair to dismiss where there has been a course of serious conduct but no single act of gross misconduct? Read More

Part-time worker claims – definition of ‘the same type of contract’

In Roddis v Sheffield Hallam University the EAT held that the use of the term ‘zero-hours’ as part of the contract of employment for a ‘part-time associate lecturer’ did not preclude him arguing that he was on the same type of contract as a ‘permanent, full-time lecturer’ for the purposes of a claim under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000. Read More

Religious harassment

In Bakkali v Greater Manchester Buses (South) Ltd (t/a Stage Coach Manchester) the EAT determined that asking a Muslim employee whether he supported a particular terrorist organisation (namely Islamic State), was not harassment relating to religion. Read more

JACK HARRINGTON

HEAD OF EMPLOYMENT

0161 393 9050

jack.harrington@pannonecorporate-com.stackstaging.com

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
Incorporation of contract terms: how to ensure your terms apply - Pannone Corporate

The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

Read more...
Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

View all posts

The latest on the right to work for EU nationals post Brexit, a cautionary tale of GDPR breach, plus cases on disability discrimination, employment status and whistleblowing

What’s new This month we look at the timescale for responding to a subject access request, a consultation on health in the workplace, gender discrimination in job adverts, and Labour’s proposals for employment law reform. Read more >

Brexit Update

Immediate end to free movement of EU citizens not possible in the event of ‘no deal’.Read more >

Employer’s unsuccessful attempts to accommodate a disability did not amount to discrimination

The EAT in the case of DWP v Robininson has held that an employer was not guilty of discrimination when it tried but failed to deal with issues concerning an employee’s impaired eyesight.   Read more >

PwC fined €150,000 for GDPR breach PwC, a multi national professional services company, has been fined €150,000 as a result of a breach of GDPR rules relating to the processing of employee data.   Read more >

Whistleblowing – reasonable belief and public interest

In the recent decision of Okwu v Rise Community Action, the EAT held that a tribunal had misapplied the public interest test in a protected disclosure case.  Read more >

Self employed consultant or worker?

A recent NHS case about the employment status of an out of hours GP has relevance for all employers who contract with “self employed” consultants.Read more >

Pannone Academy
News of the fine issued to PwC in this month’s update highlights the
importance for employers of understanding their obligations under the
GDPR.  As part of its range of employment law and HR courses, Pannone
Academy offers an introduction to the GDPR which outlines employer
obligations under the GDPR and will assist in training staff to ensure they are aware of these obligations. 
More details can be found online at https://www.pannoneacademy.com/

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
Incorporation of contract terms: how to ensure your terms apply - Pannone Corporate

The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

Read more...
Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

View all posts

Pannone Corporate’s HR Forum is a free regular update for employers and HR professionals, featuring sessions on employment case law, legislation and topics of interest to those involved in managing a workforce or dealing with HR issues.  In our next HR Forum, we will cover:

Getting SARious… Dealing with data subject access requests
   
Data subject access requests are relatively easy for employees to make,
but can be problematic, costly and time-consuming for employers. And whilst their main purpose is to allow the individual to check if data is
being lawfully processed, they are often used as a fishing expedition, to
gain evidence which may then be relied on in bringing a tribunal claim.With a spotlight on data processing following GDPR and eye-watering
fines being issued by the ICO, it is now more important than ever that
SARs are dealt with properly.  

In this session, we will look at the key steps to be followed when dealingwith a SAR as well as highlighting the potential pitfalls to be aware of.
We will also consider what information does not need to be provided and discuss practical steps you can take before a request is made to mitigate its impact.  

Deal or no deal? Brexit update  
With all of the uncertainty surrounding when (and if?) we will leave theEU and what any exit will look like, there are many outstanding
questions about how this could impact employers and their staff. In this
session, we will bring you up to speed on the current state of play and
discuss the potential implications of leaving with or without a deal.  

Case Law Update  
A summary of some of the more important or interesting decisions
coming out of the tribunals and courts in the last few months, including
the most recent decisions on shared parental leave, disability
discrimination, and holiday pay.
Details
  When: Wednesday, 9 October 2019
  Where: Innside Manchester, First Street, Manchester
Time: 8.30am registration, 9.00am start, 12pm close
  Cost: Free
To reserve your place please RSVP by email to:
paula.kershaw@pannonecorporate-com.stackstaging.com   
Places will be confirmed approximately 14 days before the event.      
We look forward to seeing you!

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
Incorporation of contract terms: how to ensure your terms apply - Pannone Corporate

The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

Read more...
Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

View all posts

What’s new

This month we look at the HMRC guidance on the new tax treatment of termination payments, the requirement to provide itemised payslips for all workers, and proposals for a new European whistleblowing directive. Read More

Case law review

Shared parental leave

In last month’s newsletter we reported on the first EAT decision about enhanced pay for shared parental leave, which concluded that it is not direct discrimination to enhance maternity pay but not shared parental pay.  In the case of Hextall v Chief Constable of Leicestershire Police, the EAT looked at whether this might amount to indirect discrimination. Read more

Constructive dismissal – what can be relied upon?

In Kaur v Leeds Teaching Hospitals NHS Trust, the Court of Appeal has provided useful guidance on how to approach constructive dismissal cases and in particular, what acts can be relied upon when there is a course of conduct lasting over a lengthy period of time. Read more

All work related travel constitutes “working time”

Work-related travel beyond a worker’s normal workplace counts as working time according to a ruling by the European Free Trade Association Court in Thorbjorn Selstad Thue v Norway. Read more

When does notice take effect?

In the recent case of Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood the Supreme Court has settled the question of when notice delivered by post takes effect for once and for all. Read more

Constructive dismissal – breach of an express term relating to pay can never be reasonable…

In Mostyn v S and P Casuals Ltd the EAT allowed an appeal against an employment tribunal’s finding that an employee had not been constructively unfairly dismissed when his employer threatened to impose a significant cut in his basic pay. Read more

GDPR update

The GDPR is now in force, supported by a new Data Protection Act. As the ICO is keen to point out, compliance is an ongoing challenge. “Read more” link to https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2018/05/beyond-2018-data-protection-laws-built-to-last

JACK HARRINGTON

HEAD OF EMPLOYMENT

0161 393 9050

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
Incorporation of contract terms: how to ensure your terms apply - Pannone Corporate

The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

Read more...
Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

View all posts

What’s new This month we look at the annual report from the arbitration and conciliation service, ACAS, and consultations on sexual harassment in the workplace, health at work, and proposals for a single enforcement body for employment rights. Read more >

When does an employer have constructive knowledge of disability?

The Employment Appeal Tribunal has considered whether an employer will be considered to have known an employee was disabled in two recent cases with different factual backgrounds: the first when the employee has not informed the employer of her impairments, and the second when the employee has not consented to an occupational health provider passing information on to his employer. Read more >

Who is responsible for the production of national minimum wage records after a TUPE transfer?

In Mears Homecare Limited v Bradburn the EAT decided that a previous employer was no longer responsible under national minimum wage legislation for providing pay information to former employees after a TUPE transfer. Read more >

Are agency workers entitled to work the same number of hours as directly recruited colleagues?

The Agency Workers Regulations 2010 provide that an agency worker who has worked for the same hirer for 12 weeks is entitled to the same basic terms and conditions as a directly recruited worker doing the same role when it comes to pay, annual leave, rest periods and breaks, night work, and duration of working time.  In the recent case of Kocur v Angard Staffing Solutions, the Court of Appeal considered whether this means an agency worker is entitled to be provided with the same contractual working hours as a directly-recruited comparator. Read more >

Holiday pay for part year workers

We all know that workers are entitled to 5.6 weeks annual paid holiday under the Working Time Regulations but how does an employer calculate holiday pay for an employee who only works for part of the year?  That was the issue considered by the Court of Appeal in the case of Harpur Trust v Brazel. Read more >

Who to contact:
JACK HARRINGTON HEAD OF EMPLOYMENT 0161 393 9050 Email Jack

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
Incorporation of contract terms: how to ensure your terms apply - Pannone Corporate

The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

Read more...
Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

View all posts

GDPR Update
Two months to go until the introduction of the GDPR!
Click here to see the latest ICO resources and guidance
Changes to the Tax Treatment of Termination Payments
The Finance (No.2) Act 2017 makes significant alterations to the law applying to termination payments which are intended to “clarify and tighten” their tax treatment. Read more
Case law review
Dismissing pregnant employees
Two recent appellate decisions have provided reassurance for employers who find themselves having to dismiss an employee who also happens to be pregnant. Read complete article online
Can ‘stand by duty’ constitute working time?
In the case of Ville de Nivelles v Matzak, the European Court of Justice considered whether stand-by time spent by a firefighter was “working time” under the Working Time Directive. Read complete article online
Special circumstances defence in collective consultation
In the case of Keeping Kids Company v Smith and others, the Employment Appeal Tribunal considered when the duty to consult arose when a charity went into compulsory liquidation and whether the ‘special circumstances’ defence could be made out as a result of events which occurred after the redundancy proposals were initially made. Read complete article online.
‘Mere expectation’ that an employee works long hours can amount to a PCP
In United First Partners Research v Carreras the Court of Appeal upheld the EAT’s decision that Tribunals should not take a restrictive approach in identifying ‘PCP’s’ for the purposes of a disability discrimination claim. Read complete article online
Holiday pay for ‘term-time’ workers unlawful
In Brazel v Harpur Trust the EAT considered whether an employer could use a flat rate when calculating holiday pay based on the commonly used calculation of 12.07% of their annual earnings, or whether holiday pay should be calculated solely under section 224 of the ERA 1996. Read complete article online
Agency worker entitlement to basic employment conditions to be assessed individually and not as a package
In Kocur v Angard Staffing Solutions Ltd the EAT held that when an agency employees’ entitlement to the same terms as permanent staff is considered, each term must be considered individually and cannot be offset by other more favourable terms. Read complete article online
Who to contact
Jack Harrington
Head of Employment
0161 393 9050
jack.harrington@pannonecorporate-com.stackstaging.com

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
Incorporation of contract terms: how to ensure your terms apply - Pannone Corporate

The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

Read more...
Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

View all posts

Covert recordings of meetings not usually gross misconduct

In the case of Phoenix House Ltd v Stockman the Employment Appeal Tribunal discussed the relevant issues to be considered when an employee covertly records a meeting and whether this will always fundamentally undermine the trust and confidence between employer and employee. Read more >

Employer not vicariously liable for a Facebook post shown to a work colleague
In the recent EAT case of Forbes v LHR Airport Ltd, the court held that an employer was not liable for harassment when an employee posted a racially offensive image on Facebook which was then shown to a colleague. Read more >

Whistleblowing – Alleged breach of company policy can be a protected disclosure

In the recent decision of Elysium Healthcare No 2 Ltd v Oguniami the EAT found that a complaint made by an employee about his manager’s breach of a company policy amounted to a “protected disclosure”. Read more >

Discrimination on the basis of perceived disability

In the case of Chief Constable of Norfolk v Coffey the Court of Appeal found that a police constable with minor hearing loss had been subject to direct discrimination because of a stereotypical assumption about the impact of her condition in the future. Read more >

Pannone Academy

The case of Forbes v LHR Airport Ltd in this month’s update highlights the crucial importance of equality and diversity training for all your staff. This is a vital step in employers avoiding vicarious liability for discriminatory acts undertaken by employees. This is one of the many courses offered as part of the Pannone Academy.

Pannone Academy offers a range of employment law and HR courses designed to help companies ensure they operate within the law, with a clear focus on prevention rather than cure. More details can be found online at https://www.pannoneacademy.com/

Who to contact:
JACK HARRINGTON
HEAD OF EMPLOYMENT
0161 393 9050
Email Jack

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
Incorporation of contract terms: how to ensure your terms apply - Pannone Corporate

The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

Read more...
Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

View all posts

What’s new

This month we look at proposals for the extension of gender pay gap reporting, proposed changes to rules on modern slavery reporting, and the issue of discrimination against vegans. Read more >

Case law review

Holiday Pay – two important Appeal Court decisions We report on two recent decisions of the appeal courts in cases concerning holiday pay, neither of which will be welcomed by employers.  Read more >

Failure to pay a male employee enhanced shared parental pay was not discriminatory

In the combined cases of  Ali v Capita Customer Management Ltd and Hextall v Chief Constable of Leicestershire Police, the Court of Appeal has confirmed that it is not discriminatory for employers to enhance maternity pay for female employees but not to enhance shared parental pay for male employees. Read more >

Fair dismissal for refusing to stop promoting religious beliefs In the case of Kuteh v Dartford and Gravesham NHS Trust, the Court of Appeal held that it was not unfair for an NHS Trust to dismiss an employee for the inappropriate promotion of her religious beliefs to patients following an instruction by management not to do so. Read more >

Withdrawal of an overseas posting due to disability was not discriminatory

The Court of Appeal considered whether an employer’s decision to withdraw the offer of an overseas posting on medical grounds for an employee with multiple disabilities amounted to disability discrimination. Read more >

Transfer of clients’ investments to a new firm may be a TUPE transfer In Dodič v Banka Koper and Alta Invest, the ECJ considered whether the European Directive which deals with the transfer of undertakings applied in a scenario where a financial services provider ceased those activities and gave its clients the option to transfer their investments to another provider. Read more >

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
Incorporation of contract terms: how to ensure your terms apply - Pannone Corporate

The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

Read more...
Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

View all posts

What’s new

This month we look at new European legislation on the horizon to protect whistle-blowers and gig economy workers, HMRC guidance on the new off-payroll working rules, and proposals for the extension of redundancy protection for new mothers. Read more

Case law review

Discrimination on appeal In a recent decision, the Employment Appeal Tribunal has made it clear that the appeal stage is part and parcel of a dismissal when it comes to assessing whether that dismissal is discriminatory.  Read more

Keeping records of working hours In a potentially important decision, the Court of Justice of the European Union has held in Federación de Servicios de Comisiones Obreras v Deutsche Bank SAE that employers must keep records of all time actually worked by staff each day. Read more

Discretionary bonus payments

The EAT in the case of Bluestones Medical Recruitment Ltd v Swinnerton has provided a useful reminder of the limitations on seeking to insist contractual bonus schemes are discretionary when they have been in place for a prolonged period. Read more >

Compensatory rest In the case of Crawford v Network Rail Infrastructure Ltd, the Court of Appeal confirmed that an employer has complied with its obligation to provide a 20 minute rest break to workers by adding together two or more rest breaks of shorter durations. Read more >

Who to contact:
JACK HARRINGTON HEAD OF EMPLOYMENT 0161 393 9050 Email Jack

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
Incorporation of contract terms: how to ensure your terms apply - Pannone Corporate

The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

Read more...
Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

View all posts

What’s new

This month we look at changes to the apprenticeship levy, new legislation under the Good Work Plan, the updated Home Office Code of Practice on the prevention of illegal working, and the latest ET statistics. Read more

Case law review

Discrimination by mistake? In the recent case of iForce Ltd v Wood, the EAT considered a claim of disability related discrimination arising out of the claimant’s mistaken belief that her working conditions were damaging her health. Read more

Disciplinary hearings and police investigations In North West Anglia NHS Trust v Gregg the Court of Appeal found that an employer does not need to wait for a police investigation to conclude before chairing a disciplinary hearing. Read more

Reasonable adjustments In the recent case of Linsley v HMRC the EAT considered the issue of reasonable adjustments with reference to the provision of a dedicated parking space for a disabled employee. Read more

Dismissing an employee on long term disability benefit In ICTS (UK) Limited v Visram the EAT decided that accordingly to the wording of the relevant policy an employee was entitled to compensation for loss of entitlement to benefits under a permanent health insurance policy despite the fact he might be fit to carry out other full-time duties. Read more

Explaining away discrimination In Iwuchukwu v City Hospitals Sunderland NHS Foundation Trust the Court of Appeal rejected an argument that a complete, non-discriminatory explanation for the Trust’s actions excluded the possibility of a successful discrimination claim. Read more

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Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

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Pannone Corporate’s HR Forum is a free regular update for employers and HR professionals, featuring sessions on employment case law, legislation and topics of interest to those involved in managing a workforce or dealing with HR issues. In our next HR Forum, we will cover:

Conducting a disciplinary investigation: The starting point when it comes to a fair dismissal for misconduct is the test set out in the 1978 case of British Home Stores Ltd v Burchell: the dismissal will only be fair if the employer believed and had reasonable grounds for believing the employee to be guilty of misconduct and, at the time it held that belief, it had carried out as much investigation as was reasonable. That means carrying out an effective disciplinary investigation is a crucial first step in any disciplinary proceedings. In this session, we will look at the essential components of a fair disciplinary investigation and how to overcome some of the more common problems which may arise in practice, including whether to give notice of an investigation meeting, the right (or not?) to be accompanied, when you can suspend, and how to deal with an investigation which involves criminal conduct.

Health and safety – individuals under the spotlight: When an employee or Director is subject to a criminal investigation, a myriad of tough decisions present themselves to a business seeking to complete its disciplinary process. We will look at some of the practical problems that arise, the difficult choices you may face if presented with this situation and the factors beyond your control that might impact the organisation. Led by Rhian Greaves from our Regulatory team, the session will consider the impact of potential individual criminal liability following a health and safety incident but its application will reach beyond to the full range of criminal offences.

Case Law Update: A summary of some of the more important or interesting decisions coming out of the tribunals and courts in the last few months, including the most recent decisions on holiday pay, disability discrimination, and whistleblowing.
Details
When: Wednesday, 1 May 2019
Where: Innside Manchester, First Street, Manchester
Click here for further details
Time: 8.30am registration, 9.00am start, 12pm close
Cost: Free
To reserve your place please RSVP by email to:
paula.kershaw@pannonecorporate-com.stackstaging.com or jo.thorp@pannonecorporate-com.stackstaging.com

Places will be confirmed approximately 14 days before the event.

We look forward to seeing you!

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
Incorporation of contract terms: how to ensure your terms apply - Pannone Corporate

The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

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Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

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What’s new
This month we look at non disclosure agreements, a proposed extension to the off payroll working regime, new guidance on addressing the gender pay gap, and the new limits for tribunal compensation. Read more >

Case law review

Does a suspension have to be necessary?
In the case of Agoreyo v London Borough of Lambeth, the Court of Appeal held that the suspension of a teacher in the context of a misconduct investigation did not amount to a fundamental breach of contract. Read more >

Previous warnings in unfair dismissal claims
In Beattie v Condorrat War Memorial Social Club, the Employment Appeal Tribunal considered whether the fairness of a previous final written warning could be re-examined as part of an unfair dismissal claim. Read more >

Asserting a ‘future’ breach of a statutory right cannot be the basis of an automatically unfair dismissal claim
In Spaceman v ISS Mediclean Ltd (t/a ISS Facility Service Healthcare), the EAT gave guidance on the scope of the protection from dismissal afforded to someone who has asserted a statutory right. Read more >

Pannone Academy!

Pannone Academy offers a range of employment law and HR courses designed to help companies ensure they operate within the law, with a clear focus on prevention rather than cure. More details can be found online at https://www.pannoneacademy.com/

Dismissal due to employer’s religious belief was not direct discrimination
In Gan Menachem Hendon Limited v De Groen the Employment Appeal Tribunal found that less favourable treatment due to the religion of the employer was not direct discrimination, and considered whether it made a difference that both employer and employee were of the same religion. Read more >

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
Incorporation of contract terms: how to ensure your terms apply - Pannone Corporate

The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

Read more...
Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

View all posts

Increasing international mobility means that many more clients own assets outside the UK or have beneficiaries resident outside the UK. This needs to be taken into account when making wills as it is important to consider the tax position in different jurisdictions and ensure that a will works effectively in each jurisdiction in which the client holds assets. “Forced heirship” provisions in many European countries will need to be considered.  Planning properly ensures that all these issues are dealt with so that cost and delay following a death are minimised.

Wills need to cross refer to each other and operate independently and concurrently with each other. It is important for a solicitor who specialises in cross border estate planning to look at all the Wills together and to liaise with the lawyer in other jurisdictions to ensure that a coordinated approach is adopted. All too often, clients make Wills in different jurisdictions without the oversight of a specialist estate planning lawyer, with the result that Wills can revoke each other or refer incorrectly to the property they are seeking to dispose of.  This causes confusion, cost and delay in the future and can even result in assets passing to the wrong people.

When thinking about property overseas or beneficiaries in different countries, it is important to consult a specialist solicitor who is familiar with dealing with lawyers in different jurisdictions and can identify any relevant tax or legal issues, which are likely to cause problems in the event of your death. A coordinated approach will ensure that the minimum amount of tax is paid and that assets are passed to the correct beneficiaries.

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
Incorporation of contract terms: how to ensure your terms apply - Pannone Corporate

The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

Read more...
Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

View all posts

What’s new

This month we look at new guidance on age discrimination from ACAS, new rules for itemised pay slips, the annual increase to statutory payments, and a controversial approach to redundancy selection. Read more >

Case law review

Knowledge of disability

When does (should) an employer know that an employee is disabled? That was the question addressed by the EAT in the recent case of Lamb v The Garrard Academy. Read more >

Whistleblowing allegation of defamation

The EAT has held that an allegation of defamation is capable of amounting to a qualifying disclosure under section 43B(1) of the Employment Rights Act 1996 however it must still be a disclosure made in the public interest in order to be a protected disclosure. Read more >

Discrimination comparators

The Employment Appeal Tribunal has found that if a claimant seeks to use an actual comparator in a direct discrimination claim, it is not necessary for the decision-maker in the comparator’s case to be the same person as in the claimant’s case. Read more >

Discrimination burden of proof

In Royal Mail Group Ltd v Efobi, the Court of Appeal has restored the status quo (overturning a recent EAT decision) and confirmed that the initial burden of proof rests with the claimant in discrimination claims. Read more >

Holiday pay and short time working

The European Court of Justice has found that periods of time when no work was carried out due to short-time working, and therefore no pay was received, should not be included in the reference period for calculating holiday pay. Read more >

Pannone Academy!

We are delighted to announce the launch of the Pannone Academy, providing bespoke training courses covering a range of employment law and HR topics. Our courses are designed to help your company ensure they operate within the law, with a clear focus on prevention rather than cure.  More details can be found online at https://www.pannoneacademy.com/

Who to contact:

JACK HARRINGTON

HEAD OF EMPLOYMENT

0161 393 9050

Email Jack

 

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
Incorporation of contract terms: how to ensure your terms apply - Pannone Corporate

The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

Read more...
Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

View all posts

 

As the theme for this year’s International Women’s Day is Balance for Better, we look at the steps the government has taken to address balance in pay through the gender pay gap reporting requirements which came into force in April 2017, and discuss how effective this has been, how well employers understand what they need to do, and what may come next.

 

On 17 January 2019 the BEIS Committee published the government’s response (https://publications.parliament.uk/pa/cm201719/cmselect/cmbeis/1895/1895.pdf) to the Committee’s report on gender pay gap reporting.

The report found that in some organisations the GPG is as wide as 40% and made a number of recommendations for improvement. The government has not taken up these recommendations at the current time, so GPG reporting requirements will not be extended to companies with 50 or more employees (although this may be re-visited) and partner remuneration will remain excluded, although the government may in the future introduce a voluntary reporting methodology. Further, there will be no requirement for more detailed reporting, for example showing part-time and full-time statistics separately, and the GPG reporting guidance will not be amended although the government will continue to gather stakeholder feedback and update the guidance in the future if appropriate.

What has your experience been of GPG reporting requirements and steps to tackle any gap?

On 21 January 2019 the Government Equalities Office published a research report on a 2018 survey of 900 large employers looking at how they understand the GPG and what actions they are taking to close it https://www.gov.uk/government/publications/employers-understanding-of-the-gender-pay-gap-and-actions-to-tackle-it-research-report-on-the-2018-survey.

On a positive note, the majority of those responding (82%) said they had a good understanding of what the GPG is and how it is calculated, which was an increase from the 2017 figures (of 48%). 16% felt that although they were unsure of the specifics they had a reasonable understanding and only 2% had a limited understanding. 35% of respondees said they found compliance with the requirements very or fairly straightforward, but 30% said they found it very or fairly difficult and 33% said they would have benefitted from additional guidance. In respect of steps to tackle any gap, the research showed that over half of employers with a GPG of over 20% had developed a formal strategy to reduce it, with such measures including cultural changes within firms, gender-specific recruitment strategies and the promotion of flexible working and shared childcare.

 

“Balance is not a women’s issue, it’s a business issue. The race is on for the gender-balanced boardroom, a gender-balanced government, gender-balanced media coverage, a gender-balance of employees…” (IWD website)

 

The government may not be taking any steps to implement the BEIS recommendations for the time being but it may well do so in the future and, as the Government Equalities Office research report demonstrates, tackling the GPG remains a live and important issue. This means that all employers, whether or not covered by the current GPG reporting requirements, should be taking steps now to address any imbalance in pay within their workplace.

 

If you have any queries or need any support in addressing GPG issues, or if you think you would benefit from Equality and Diversity training in your workplace, please contact us to discuss the training options we can provide: https://www.pannoneacademy.com/employment-law-training

 

 

 

 

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
Incorporation of contract terms: how to ensure your terms apply - Pannone Corporate

The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

Read more...
Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

View all posts

What’s new

This month we look at the HMRC’s new approach to NMW enforcement after a TUPE transfer, employee monitoring, new ACAS guidance on references, and getting to grips with the menopause in the workplace. Read more

 

Case law review

A poorly handled ill-health retirement did not amount to disability discrimination

In the recent case of Dunn v Secretary of State for Justice, the Court of Appeal accepted that the claimant’s request for ill health retirement was handled poorly but this did not constitute disability discrimination.  Read more

 

Constructive dismissal – a cautionary tale

 

In the case of Brown v Neon Management Services Limited, the High Court looked at the issue of whether not one but two resignations were in fact constructive dismissals. Read more

 

Employee was an agency worker due to temporary nature of assignment

 

In the case of Brooknight Guarding Ltd v Matei, the EAT held that an employee on a ‘zero hours’ contract was in fact an agency worker based upon the temporary nature of his assignment. Read more

 

Victimisation – a change in approach

 

In the case of Saad v University Hospitals NHS Trust, the EAT has made it clear that the issue of the employee’s honesty is the primary question to be considered when considering whether an allegation of discrimination has been made in ‘bad faith’ for the purposes of a victimisation claim. Read more

 

Who to contact

Jack Harrington

Head Of Employment

0161 393 9050

jack.harrington@pannonecorporate-com.stackstaging.com

 

 

Latest News

Manchester’s move towards net zero: transport and travel - Pannone Corporate

In the second of our series focusing on Manchester’s aim to become a zero carbon city region, we take a look at transport and travel. It is well accept...

Read more...
Incorporation of contract terms: how to ensure your terms apply - Pannone Corporate

The ‘battle of the forms’ is a phrase which is used to describe the common scenario in which contracting parties compete to ensure their standard ter...

Read more...
Case in point: Cleaner brings claims for unfair dismissal and race discrimination after she is sacked for eating a leftover tuna sandwich - Pannone Corporate

Facts of the case Gabriela Rodriguez worked as a cleaner at the offices of Devonshires Solicitors for two years, via contractor Total Clean. She claims ...

Read more...

View all posts