HR Update: enhanced shared parental pay, last straw constructive dismissals, and is all work related travel working time?
Jack Harrington

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



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