HR Update: recognising disabled employees, whistleblowing in the public interest, comparative discrimination, and the latest decision on holiday pay.
Jack Harrington
27/02/2019

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

 

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