Employment Law
Caste no shadow: Caste discrimination is covered by Equality Act 2010
Are employers at risk of an Employment Tribunal (ET) claim due to caste discrimination? A judgment by the ET has recently been upheld by the Employment Appeals Tribunal (EAT), holding that claims of race discrimination based on caste can be made under the Equality Act 2010, despite the fact that the Act does not currently […]
Read moreHoliday pay – Do we or don’t we mention the word contract?
On 8 January 2015 the Deduction from Wages (Limitation) Regulations 2014 (New Regulations) came into force amending the Employment Rights Act 1996 (ERA) and Working Time Regulations 1998 (WTR). For a rundown on the position of holiday pay so far, please see our previous blog as we won’t rehearse the basic principles here. The New […]
Read moreOpportunity Knocks
Well, here we are again. The goose was cooked, presents were opened, you’ve probably already returned those unwanted gifts to M&S, and the New Year Celebrations are now but a hazy memory. Did you make any New Year resolutions? Have you broken them already? At risk of depressing you further can we remind you that […]
Read moreEmployment Tribunal Fees – The saga continues
In February 2014 I blogged about how UNISON had failed to persuade the High Court to quash the Employment Tribunal fee regime that was introduced in July 2013. One of the main reasons for the failure of the original challenge, was that that the Court felt the application for judicial review had been made too […]
Read moreWalking the tightrope with references
“It is a relevant circumstance that, in many cases an employee will stand no chance of getting another job, let alone a better job, unless he has been given a reference” The words above are those of Lord Slynn in the case of Spring v Guardian Assurance [1995]. The precedent that emanates from the case […]
Read moreWeighing the balance between commercial agency and employment
In the first three articles in this series we looked at the history of commercial agency and the definition of a commercial agent. We then looked at the contrasting positions on termination, and finally turned to a comparison of the regimes in relation to compensation. I think we now have enough information to start drawing […]
Read moreOvertime to be included in Holiday Pay; Employers no longer walking on sunshine
The long anticipated Employment Appeal Tribunal (EAT) judgment in the conjoined cases of Bear Scotland Limited v Fulton, Hertel (UK) Limited v Wood & Others and Amec Group v Law & Others has been delivered today. In my two previous blogs of the 28 July and 15 October I discussed at length the implications the […]
Read moreHoliday Pay Warning – An Update
Further to my earlier blog post uploaded on 28 July 2014 we continue to await the Employment Appeal Tribunal (EAT) judgment in the joined cases of Bear Scotland Limited v Fulton, Hertel (UK) Limited v Wood & Others and Amec Group v Law & Others. My advice to both employees and employers is to read this […]
Read moreIs obesity really a disability?
Obesity – a growing concern Obesity levels in the UK have risen dramatically over the last quarter of a century. Statistics suggest that 25% of the current UK population is obese. Changes afoot in the law of employment suggest that obesity may become an issue for employers. The landmark case on Obesity Discrimination The case […]
Read moreTermination of Commercial Agencies: Compensation regimes contrasted
In the second of this series of articles we looked at the contrasting position between commercial agents and employees when it comes to termination. We saw that, in contrast to the position with employees, it may be difficult to exclude an agent’s entitlement to compensation on termination. In this article we will look at what […]
Read moreThe potential employment law implications for an independent Scotland
The movement for Scottish independence is currently dominating the media with the long anticipated vote now just a day away. The Scottish National Party has come forward with a set of proposals that would alter many areas of employment law in Scotland should the Yes vote find a majority amongst the Scottish voters. Although little […]
Read moreWorkplace dress codes – a serious consideration or just a matter of common sense?
The Advisory, Conciliation and Arbitration Service (ACAS) recently issued guidance for workplace dress code policy. The advice is aimed at employers and suggests issues to consider before implementing or amending a dress code for their workers. The guidance outlines some obvious reasons behind dress code policies in the workplace. In addition to health and safety or […]
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