Emplaw Monthly - End of November 2017

New at Emplaw Online

All recent posts of articles at Emplaw Online are found at the News section of the site here. Links below may be to the original source for simplicity

Budget Highlights for Employment Specialists 2017

Click here for a summary of the key points including tax and minimum wage changes and the postponement of reforms to the NICs treatment of termination payments

Uber drivers are "workers" but Deliveroo riders are not - what's the difference?

The Central Arbitration Committee has found that Deliveroo riders are not 'workers', yet the week before, the Employment Appeal Tribunal upheld the tribunal's finding that Uber drivers were workers. Emplaw Online authors WLG consider why  there is a difference between the two cases and what this means for future developments in the employment landscape.
Click here for the article

Top tips on drafting pension clauses in employment contracts

Emplaw Online authors Gowling WLG set out an easy-to-follow guide to the key points to consider and a series of top tips for applying the law in practice. Click here for the article.

A reminder for 29th November : Free seminar on Incentivising Employees: What Do Employees Want?

An invite from Emplaw contributors Moorcrofts to a free seminar aimed at helping employers to successfully recruit and retain talent and grow their business. A panel of experts will discuss share options and other benefits which reward employees and are proven to drive growth as well as how to deliver greater staff satisfaction and productivity without additional cost.

The seminar, which is suitable for HR professionals, senior managers and business owners takes place near Marlow in the Thames Valley on 29th November 9-11:30am. For more information and to register, please click here.

Employment Law News

ICO advice line service on GDPR

The Information Commissioner’s Office has launched a dedicated advice line offering help to small organisations preparing for implementation of the General Data Protection Regulation. The phone service is aimed at people running small business or charities.

https://ico.org.uk/global/contact-us/advice-service-for-small-organisations/

Refund scheme for ET/EAT fees

The government has rolled out its refund scheme for tribunal fees. The scheme applies to individuals who paid fees at an ET or EAT between 29 July 2013 and 26 July 2016.

https://www.gov.uk/employment-tribunals/refund-tribunal-fees

Acas stress at work and other guidance concerning mental health at work

Acas has published guidance on stress at work, aimed at helping employers identify and tackle the causes and symptoms of work-related stress. It is part of a series of Acas guidance documents on mental health listed here including Promoting positive mental health in the workplace, Managing anxiety in the workplace and Managing staff experiencing mental ill health

http://www.acas.org.uk/index.aspx?articleid=6062

Research paper on Acas early conciliation

Acas has published a research paper on early conciliation decision-making – exploring the behaviours of claimants who neither settle nor proceed to an employment tribunal.

http://www.acas.org.uk/media/pdf/5/9/Acas-Early-Conciliation-decision-making.pdf

Hampton Alexander review one year on: FTSE women leaders – improving gender balance

The Hampton-Alexander has published a ‘one year on’ report on FTSE women leaders.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/658126/Hampton_Alexander_Review_report_FINAL_8.11.17.pdf

Employers’ response to gender pay gap - report published

The government has published a report on large employers’ understanding of the gender pay gap, the action they are taking to close it and their response to the transparency regulations.

The core research consisted of a telephone survey of 900 large employers.

 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/658476/Employers__Understanding_of_the_Gender_Pay_Gap.pdf

Women in Finance Charter - more firms signed up

The number of employees covered by the Women in Finance Charter now exceeds 600,000.

Virgin Money has also created the Women in Finance app to support companies who want to sign the Charter and take action to improve gender balance within their organisations.

Since the Charter launched, 120 financial services firms have committed to have at least 30% women in senior roles by 2021 and of those, 40 firms have committed to a 50/50 gender split in senior roles by 2021.

https://www.gov.uk/government/news/over-160-firms-are-now-signed-up-to-the-women-in-finance-charter

New status for EU national employees after Brexit

The government has outlined a new system for employees to have ‘settled status’ after Brexit without needing to become citizens. This follows the Policy Paper published back in June on Safeguarding the position of EU citizens living in the UK and UK nationals living in the EU: summary proposals

The new status will allow lawful residence in the UK for most EU citizens who have been living in the UK legally and continuously for five years.

http://www2.cipd.co.uk/pm/peoplemanagement/b/weblog/archive/2017/11/13/eu-national-employees-will-be-offered-new-status-after-brexit.aspx

Censuswide survey on whistleblowing

A survey by Censuswide has revealed that nearly two thirds of UK business managers would avoid whistleblowing at work for fear of damaging their career prospects. 55% of business managers would be deterred by fears that their reports would not remain anonymous.

http://www.independent.co.uk/news/business/news/whistleblowers-career-prospects-research-law-uk-business-fears-managers-a8042101.html

Investment Association Principles of Remuneration 2018

The Investment Association has published its principles of remuneration 2018.

The main changes from last year’s principles are:

  • Relocation benefits –relocation benefits should be disclosed at the time of appointment, be in place for a limited time, and fully detailed in the Remuneration Report.
  • ·  Annual bonus –this section has been updated to reflect members’ expectation that bonus targets are disclosed within twelve months of the bonus payment, and that deferral is expected for any bonus opportunity greater than 100% of salary.
  • ·  Long term incentive schemes –this section has been reorganised to give a clearer picture of members’ attitudes to specific examples of schemes.

https://www.ivis.co.uk/media/13548/Principles-of-Remuneration-2018.pdf

 

Hot off the press...Reversal of burden of proof in discrimination cases remains says the Court of Appeal

In Ayodele v Citylink Ltd the Court of Appeal has held today that the EAT decision in Mr I Efobi v Royal Mail Group Limited [UKEAT/0203/16/DA] is wrong and the position remains that.a Tribunal should ask itself first whether a claimant has proven sufficient facts so that the respondent could have committed a discriminatory act and that, if such facts have been proved, the burden shifts of the respondent to disprove the case, again, on the balance of probabilities (Equality Act 2010 s.136).

For more information on the Efobi decision please see the Emplaw Online card Equality Act 2010 & Discrimination/Burden of Proof

 

CASES: 

Baker v Abellio Ltd [2017] UKEAT 0250/16

Employee not subject to immigration control need not produce evidence of right to work and employer could not rely on contravention of a legal obligation as the reason for dismissal

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Parker v MDU Services Ltd & Ors) [2017] UKEAT 0113/17

Sex equality rule – no unlawful discrimination against those who had worked both full and part-time

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Uber v Aslam & others UKEAT 0056/17

Uber drivers are workers

This case concerns whether Uber drivers had ‘worker’ status affording them access to a number of employment law protections.

The EAT has upheld an ET’s ruling that two Uber drivers who brought test cases against Uber were ‘workers’  and were therefore entitled to holiday pay and to be paid at least the National Minimum Wage while working.

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Independent Workers’ Union of Great Britain v Deliveroo TUR1/985 (2016)

Deliveroo drivers were not workers for purposes of application for union recognition

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Jet2.com Ltd v Denby [2017] UKEAT 0070/17

‘Membership’ of trade union not to be construed narrowly with regard to refusal of employment on union membership grounds

Sections 137(1)(a) and (b) Trade Union and Labour Relations (Consolidation) Act 1992 provide that it is illegal to refuse to employ a person because they are/ are not a member of a trade union or because they refuse to join or leave a trade union.

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Rev. J. Gould v Trustees of St John’s Downshire Hill [2017] UKEAT 0115/17

Claimant’s case can proceed on basis of marital discrimination

In this case, Rev Gould contended that his treatment engaged section 8 Equality Act 2010 on the basis that he was treated less favourably because he was married and had marital difficulties. His pleaded case focused on marriage and the difficulties he had within the status of marriage and that was the reason for his treatment.

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Michalak v General Medical Council and others [2017] UKSC 71

Discrimination claim against the GMC allowed to proceed

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Case Summary Tag: 

Otero Ramos [2017] EUECJ C-531/15

Discrimination for failure to consider workplace risks to breast-feeding employee

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The Commissioner of Police of the Metropolis v Denby [2017] UKEAT 0314/16

Burden of proof in discrimination claims

Section 136 Equality Act 2010 provides that if there are facts from which a court could decide, in the absence of any other explanation, that a person (A) contravened the provision concerned, the court must hold that the contravention occurred. This section does not apply if A shows that A did not contravene the provision.

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