Worker may carry forward holiday entitlement under Working Time Regulations for up to 18 months
Following this month’s budget, this article explores the differences and how they are calculated
Following this month’s budget, this article explores the differences and how they are calculated
This month we have added an easy reference chart on time limits for claims. This complements the chart for qualifying period for claims and our step by step guide to tribunal procedure in the Enforcement topic.
The government has published a new Trade Union Bill 2015-2016. The Bill makes a number of proposals, including:
Further details are available in the explanatory memorandum to the Bill: http://www.publications.parliament.uk/pa/bills/cbill/2015-2016/0058/en/16058en01.pdf
The Bill is available at: http://www.publications.parliament.uk/pa/bills/cbill/2015-2016/0058/16058.pdf
To accompany the Trade Union Bill 2015/16, the government has published a consultation paper on tackling intimidation of non-striking workers, a consultation on hiring agency staff during strike action: reforming regulation and on what occupations should be included in the 40% important public services ballot threshold
https://www.gov.uk/government/consultations/tackling-intimidation-of-non-striking-workers
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/445289/BIS-15-416-regulation-7.pdf
https://www.gov.uk/government/consultations/ballot-thresholds-in-important-public-services
The government has published a consultation on closing the gender gap, with a view to making regulations in early 2016: these will require companies with at least 250 employees to publish gender pay information.
https://www.gov.uk/government/consultations/closing-the-gender-pay-gap
The Budget was delivered on 8 July 2015 and contains several proposals which have implications for employment law:
The Supreme Court has granted leave to appeal against the Court of Appeal’s decision in FirstGroup plc v Paulley [2014] EWCA Civ 1573 that a bus operator’s policy of requesting but not requiring passengers to make way for wheelchair users did not breach the Equality Act 2010.
Acas has published a new guide to help explain leave rights that are available for antenatal and adoption appointments. The new includes ‘top tips’ that employers and parents should be aware of when considering leave requests. It has also published a separate guide on surrogacy to explain how potential parents could qualify for certain leave rights and pay.
http://www.acas.org.uk/index.aspx?articleid=5342
http://www.acas.org.uk/index.aspx?articleid=5343
Acas has launched a new guide for small firms that covers the basics of employment law on staff pay. It is intended to help small and medium-sized businesses stay on the right side of the law and ensure that pay issues are handled correctly.http://www.acas.org.uk/index.aspx?articleid=5308
The EU Commission has withdrawn the proposed revised Maternity leave Directive, first put forward in 2008. The lack of progress by the co-legislators meant the Commission decided to withdraw its proposal. The Commission intends to present a broader initiative which will continue to promote the objectives of the previous proposal and provide minimum protection.
Acas has published reports on its first year of early conciliation, which show that it has dealt with over 83,000 EC cases between April 2014 and March 2015. Three out of four employers and employees agreed to try EC and eight of ten users indicated that they were satisfied with the service.
Of cases that were notified to Acas between April 2014 and December 2014: 15% resulted in a COT3; 63% did not progress to an ET claim; 22% progressed to a claim but more than half were subsequently resolved by Acas.
Further findings are available at:
http://www.acas.org.uk/index.aspx?articleid=5351
http://www.acas.org.uk/media/pdf/5/4/Evaluation-of-Acas-Early-Conciliation-2015.pdf
The Justice Committee of MPs is holding an inquiry into the effects of the introduction and levels of court fees and charges including Tribunal fees. This is separate to the Post Implementation Review covered in our June Article at https://www.emplaw.co.uk/article/tribunal-fees-review-no-imminent-changes
Afghan interpreters in Afghanistan not entitled to rely on Equality Act 2010
Duty to collectively consult in a redundancy situation arises when there was a fixed, provisional intention to close School
The point at which an employer is obliged to collectively consult over redundancies of 20 or more employees under section 188 Trade Union and Labour Relations (Consolidation) Act 1992 has been the source of much case law. In E Ivor Hughes Educational Foundation v Morris and others the EAT had to consider when this duty arose in the context of a school closure as a result of falling pupil numbers.
When ET considers band of reasonable responses: distinction with substitution of its own opinion
In a claim for indirect discrimination, employee must show PCP affects both the group with protected characteristic and claimant employee
Compensation paid under a settlement agreement for change in contract is taxable as emoluments from employment, not as a potentially tax free termination payment
In Hill v HMRC the First-tier tax tribunal held that £30,000 paid as compensation under a compromise agreement should be taxed as emoluments from employment rather than as a sum paid on termination of employment which benefits from the £30,000 tax exemption under section 401 Income Tax (Earnings and Pensions) Act 2003 (ITEPA).
The Northern Ireland Court of Appeal heard an appeal from Mr Patterson in relation to his claim that there had been an unlawful deduction in that his holiday pay did not take into account the voluntary overtime he worked as an assistant plant engineer. A tribunal had rejected his claim that voluntary overtime should be included in the calculation.
Joint and several liability for partners even where breach occurred after one partner’s resignation
The duties of partners are set out in the Partnership Act 1890. Section 10 of the Partnership Act sets out the rules for joint and several liability. The firm is liable to the same extent as any partner for any wrongful act or omission of any partner acting in the ordinary course of business of the firm, or with the authority of his co-partners.
No indirect discrimination where pension based on age
The EAT in West Midlands Police v Harrod held that Rule A19 of the Police Pensions Regulations 1987 (which allowed for the retirement of police officers who met certain criteria) disadvantaged officers over the age of 48; however in order to meet the Government’s requirement to make a 20% cut in budget, the use of this provision to achieve cuts was found to be justified. The claims for indirect age discrimination therefore failed: what was done was a proportionate means of achieving a legitimate aim.
Links
[1] https://www.emplaw.co.uk/case-summary-tags/working-time-holidays-time-work
[2] https://www.emplaw.co.uk/print/lawguide/plumb-v-duncan-print-group-ltd-ukeat20150071
[3] https://www.emplaw.co.uk/lawguide/r-application-hottak-and-anor-v-secretary-state-foreign-and-commonwealth-affairs-and-anor
[4] https://www.emplaw.co.uk/case-summary-tags/enforcementjurisdiction
[5] https://www.emplaw.co.uk/print/lawguide/r-application-hottak-and-anor-v-secretary-state-foreign-and-commonwealth-affairs-and-anor
[6] https://www.emplaw.co.uk/lawguide/adeshina-v-st-george%E2%80%99s-university-hospitals-nhs-foundation-trust-and-others-ukeat029314
[7] https://www.emplaw.co.uk/case-summary-tags/unfair-dismissal
[8] https://www.emplaw.co.uk/print/lawguide/adeshina-v-st-george%E2%80%99s-university-hospitals-nhs-foundation-trust-and-others-ukeat029314
[9] https://www.emplaw.co.uk/lawguide/e-ivor-hughes-educational-foundation-v-morris-and-others-ukeat002315
[10] https://www.emplaw.co.uk/case-summary-tags/consultation-employees
[11] https://www.emplaw.co.uk/case-summary-tags/redundancy
[12] https://www.emplaw.co.uk/print/lawguide/e-ivor-hughes-educational-foundation-v-morris-and-others-ukeat002315
[13] https://www.emplaw.co.uk/lawguide/newbound-v-thames-water-utilities-ltd-2015-ewca-civ-677
[14] https://www.emplaw.co.uk/print/lawguide/newbound-v-thames-water-utilities-ltd-2015-ewca-civ-677
[15] https://www.emplaw.co.uk/lawguide/moyer-lee-and-others-v-cofely-workplace-ltd-ukeat005815
[16] https://www.emplaw.co.uk/print/lawguide/moyer-lee-and-others-v-cofely-workplace-ltd-ukeat005815
[17] https://www.emplaw.co.uk/lawguide/home-office-uk-border-agency-v-essop-and-others-2015-ewca-civ-609
[18] https://www.emplaw.co.uk/case-summary-tags/equality-act-2010-and-discrimination
[19] https://www.emplaw.co.uk/print/lawguide/home-office-uk-border-agency-v-essop-and-others-2015-ewca-civ-609
[20] https://www.emplaw.co.uk/lawguide/hill-v-hmrc-2015-ukftt-0295
[21] https://www.emplaw.co.uk/case-summary-tags/termination-employment
[22] https://www.emplaw.co.uk/print/lawguide/hill-v-hmrc-2015-ukftt-0295
[23] https://www.emplaw.co.uk/lawguide/patterson-v-castlereagh-borough-council-2015-nica-47
[24] https://www.emplaw.co.uk/print/lawguide/patterson-v-castlereagh-borough-council-2015-nica-47
[25] https://www.emplaw.co.uk/lawguide/northampton-regional-livestock-centre-company-ltd-v-cowling-and-another-2015-ewca-civ-651
[26] https://www.emplaw.co.uk/case-summary-tags/categories-worker-working-relationships
[27] https://www.emplaw.co.uk/print/lawguide/northampton-regional-livestock-centre-company-ltd-v-cowling-and-another-2015-ewca-civ-651
[28] https://www.emplaw.co.uk/lawguide/chief-constable-west-midlands-police-and-others-v-harrod-and-others-ukeat018914
[29] https://www.emplaw.co.uk/print/lawguide/chief-constable-west-midlands-police-and-others-v-harrod-and-others-ukeat018914