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Emplaw Monthly - End of July 2016

New this month at Emplaw Online

Employment law today

Read the interview with Claire Perry, Director, Legal Content and Marketing at Emplaw Online in the global magazine Lawyer Monthly. Claire discusses the difficulties commonly faced by lawyers and HR managers in this complex and ever-evolving sector. She explains the battle to demystify employment law and discusses controversial issues such as gender pay equality and the challenges presented by TUPE.

Employer and employee guide to state benefits

Confused about types of benefits available and/or the progress of benefit reform? With the announcement this month that the roll out of Universal Credit is to be further delayed, we post, for a limited period, the Emplaw Online key card on state benefits including Pensions, Personal Independence Payments and much more.

 

Focus On Emplaw Online Content

In the month the government has updated its policy paper on national minimum wage (NMW) enforcement, take a look at our National Minimum Wage Key Card for an account of recent and upcoming changes as well current rates and what to take into account when calculating the NMW. See too the other guides in our section on Pay, Remuneration and Benefits

 

Employment News

 

Employment Tribunal fees review

The MoJ will not be drawn on when it will publish a review of the effects of employment tribunal fees. The department was criticised last month by the justice committee of the House of Commons for delaying the publication of the report, which was intended to come out at the end of 2015. Justice minister Domini Raab has apologised and said that publication will be ‘as soon as is practicable’.

http://www.lawgazette.co.uk/news/moj-still-unsure-on-employment-tribunal-fees-review/5056405.article

 

Employing disabled people

The Department for Work and Pensions has updated its guidance on Employing disabled people and people with health conditions. The guidance aims to help employers to become more confident in recruiting and in employment relations with disabled people The guidance gives practical tips on recruitment and interviewing, considers specific conditions such as dyslexia and what adjustments the employer might take and encourages employers to sign up to the Disability Confident scheme (The Disability Confident symbol is replacing the 'Two Ticks' (positive about disabled people) symbol from July 2016).

 

National minimum wage (NMW) enforcement

The government has updated its policy paper on national minimum wage (NMW) enforcement, to take account of recent changes. It explains how the civil and criminal penalty scheme is operated including the upcoming new type of enforcement order, a Labour Market Enforcement Order aimed at repeat and serious offenders of labour market legislation. The Order is provided for in sections 18-24 of the Immigration Act 2016 (not yet in force).

 

Legislation proposed to repeal sections of Trade Union Act 2016 in Wales

The Wales First Minister has announced new legislation to repeal sections of the Trade Union Act 2016 in devolved areas.

http://gov.wales/newsroom/firstminister/2016/160628legprog/?lang=en

 

General Data Protection Regulation

The General Data Protection Regulation has been expected to come into force in the UK on 25 May 2016. Following the referendum vote on Brexit, the government will consider the impact on the GDPR. However, the underlying reality on which the policy is based has not much changed. The ICO has been working on producing a set of guidance, which it intends to proceed with. With so many businesses and services operating across borders, international consistency around data protection laws and rights is crucial both to businesses and organisations, and to consumers and citizens.

Meanwhile the UK's Data Protection Minister, Baroness Neville-Rolfe DBE CMG has spoken on the GDPR and Brexit and suggested that if the UK remains within the Single Market, EU rules on personal data might continue to apply fully in the UK, but in other scenarios, all EU rules might be replaced with national ones.

https://iconewsblog.wordpress.com/2016/07/07/gdpr-still-relevant-for-the-uk/

https://www.gov.uk/government/speeches/the-eu-data-protection-package-the-uk-governments-perspective

 

House of Commons briefing paper on Brexit

The House of Commons has published a briefing paper on the immediate consequences of the Brexit vote and some of the longer term implications.

http://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7632

 

Imposition of junior doctors contract

Jeremy Hunt intends to impose the contentious new contract upon junior doctors in the NHS after the contract was rejected in a ballot.

https://www.theguardian.com/society/2016/jul/06/jeremy-hunt-to-impose-new-contract-on-junior-doctors?CMP=Share_AndroidApp_Tweet

 

 

CASES: 

Phoenix House Limited v (1) Stockman (2) Lambis UKEAT/0264/15

ACAS Code does not apply to SOSR dismissals

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Faithorn Farrell Timms LLP v Bailey UKEAT/OO25/16

Waiver of without prejudice privilege and the application of section 111A ERA ( protected conversations)

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Sobczyszyn v Szkola Podstawowa w Rzeplinie C-178/15

Teacher can carry-forward holiday leave not used during sickness

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A v B and C [2016] EWCA Civ 766

Head teacher fairly dismissed for failure to disclose relationship with man convicted of downloading images of children

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Betriebsrat der Ruhrlandklinik gGmbH V Ruhrlandklinik gGmbH C0216/15

A-G considers scope of  ‘worker’ status under the Temporary Agency Workers Directive to include a member of a not-for-profit organization with no contractual relationship

 

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Bougnaoui v Micropole SA C-188/15

A-G delivers opinion that ban on wearing hijab is directly discriminatory

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Royal Mail Group Limited v Jhuti [2016] UKEAT/0020/16

Dismissal automatically unfair for whistleblowing although decision maker unaware of disclosures

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Ministry of Justice v (1) Burton (2) Engel [2016] EWCA Civ 714

Part time property judges treated less favourably than full time tax judge comparators

This appeal arises out of the long-running litigation about whether and to what extent part-time fee-paid judges have been treated less favourably than full-time salaried judges contrary to the Part-time Workers (Prevention of less Favourable Treatment Regulations) 2000.

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Blackwood v Birmingham & Solihull Mental Health NHS Foundation Trust [2016] EWCA Civ 607

Student’s discrimination claim during work placement can be brought in the ET as it fell within EqA Part 5 Work.

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R (on the application of AR) v (1) Chief Constable of Greater Manchester Police (2) Secretary of State for the Home Department [2016] EWCA Civ 490

Police could refer to rape acquittal in enhanced criminal record certificate

AR, a qualified teacher, was working as a taxi driver when he was charged with the rape of a 17-year old woman.  Notwithstanding his acquittal the then Criminal Records Bureau set out summary details of the allegation and acquittal in two Enhanced Criminal Record Certificates (ECRCs) (in respect of two job applications, first for a teaching post and second as a taxi driver).

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Heis, Pink and Fleming (as joint administrators of MF Global UK Limited (in special administration)) v MF Global UK Services Limited (in administration) [2016] EWCA Civ 569

Court implies contractual terms between sister companies

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