HR Update: dismissing pregnant employees, stand by duty and working time, and the special circumstance defence in collective consultation
Jack Harrington

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

Back to homepage