Emplaw Monthly - December 2015

EMPLOYMENT LAW NEWS

New President of the EAT

The Lord Chief Justice of England and Wales has appointed The Honourable Mrs Justice Simler to be the President of the Employment Appeals Tribunal with effect from 1 January 2016,

https://www.judiciary.gov.uk/announcements/president-of-the-eat-upper-tribunal-chamber-president-of-the-lands-chamber/

TUC Surrogacy Guide

The Trade Union Congress has published guidance on time off and pay for parents having a child through surrogacy arrangements.

https://www.tuc.org.uk/publications/time-and-pay-parents-having-child-through-surrogacy

Acas Guide on Disability Discrimination

Acas has published guidance on how to handle disability discrimination and how to reduce the chance of future discrimination.

http://www.acas.org.uk/media/pdf/4/j/Disability-discrimination-key-points-for-the-workplace.pdf

draft National Minimum Wage Regulations

The draft NMW Regulations 2016 have been laid before Parliament and will come into force on 1 April 2016. The National Living Wage of £7.20 per hour will be paid to workers aged 25 and over and workers under the age of 25 will receive the NMW. The financial penalty for employers who underpay has increased from 100% to 200% of the underpayment per worker.

http://www.legislation.gov.uk/ukdsi/2016/9780111141625

2016/17 Statutory Payments

The Department for Work and Pensions has published the proposed benefit and pension rates for 2016/17:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/480317/proposed_benefit_and_pension_rates_2016_to_2017.pdf

There are no increases to the 2015/2016 rates because of 0.1% fall in Consumer Prices Index

 

CASES: 

ICTS UK Ltd v Mahdi UKEAT/0133/15

Events subsequent to transfer are relevant to consideration of whether there is a service provision change

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Ministry of Justice v Burton and another UKEAT/0210/15

Part time property judges treated less favourably than full time tax equivalents

In Ministry of Justice v Burton and another the EAT upheld the ET’s finding that part-time judges of the Residential Property Tribunal had been treated less favourably than their full time comparators (full time salaried judges of the First-Tier Tribunal (Tax Chamber)).

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Waddingham v NHS Business Services Authority ET/1804896/13 and 1805624/13

Reasonable adjustments should be made for disabled applicant at job interview

An ET has ruled in Waddingham v NHS Business Services Authority that a disabled applicant (undergoing debilitating cancer treatment) was discriminated against when he was invited to attend a competitive interview.

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Marks & Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another [2015] UKSC 72

Re-statement of the law on implied terms

The Supreme Court has reviewed the law on implied terms in Marks & Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another. This case concerned a tenant's break clause in a lease. The resolution of the issue in contention turned on the interpretation of the lease, and it required the court to consider the principles by reference to which a term is to be implied into a contract.

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Pnaiser v NHS England and Coventry City Council UKEAT/0137/15

Discrimination arising from disability when  verbal reference commented on absences

The EAT in Pnaiser v NHS England and Coventry City Council found that there had been discrimination when the Council gave a negative reference to a future employer.

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Naeem v Secretary of State for Justice [2015] EWCA Civ 1264

Discrimination in the remuneration of chaplains

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Dansk Industri, acting on behalf of Ajos A/S v Estate of Karsten Eigil Rasmussen C-441/14

Advocate General rules that severance scheme was unlawfully discriminatory

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Administrador de Infraestructuras Ferroviarias v Aira Pascual and others [2015] EUECJ C-509/14

Acquired Rights Directive applies when work is in-sourced

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