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,
TUC Surrogacy Guide
The Trade Union Congress has published guidance on time off and pay for parents having a child through surrogacy arrangements.
Acas Guide on Disability Discrimination
Acas has published guidance on how to handle disability discrimination and how to reduce the chance of future discrimination.
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.
2016/17 Statutory Payments
The Department for Work and Pensions has published the proposed benefit and pension rates for 2016/17:
There are no increases to the 2015/2016 rates because of 0.1% fall in Consumer Prices Index
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)).
Marks & Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another  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.