Employment Law Newsletter - January 2016
This month's newsletter includes the following :-
- TUPE: Events subsequent to transfer are relevant to consideration of whether there is a service provision change
- Equality Act and Discrimination: Reasonable adjustments should be made for disabled applicant at job interview
- Discrimination arising from disability when verbal reference commented on absences
- Discrimination in the remuneration of chaplains
- TUPE : Acquired Rights Directive applies when work is in-sourced
LEGISLATION AND GUIDES
- TUC Surrogacy Guide
- ACAS Guide on Disability Discrimination
- Draft National Minimum Wage Regulations
- 2016/17 Statutory Payments
- Guidance on recruitment and retention of transgender staff
TUPE: Events subsequent to transfer are relevant to consideration of whether there is a service provision change
ICTS UK Ltd v Mahdi UKEAT/0133/15
Under Regulation 3(3)(a)(ii) of TUPE 2006 there will not be a service provision change if the relevant activities are carried out in connection with a single specific event or task of short-term duration. In ICTS UK Ltd v Mahdi, ICTS provided …
Equality Act and Discrimination: Reasonable adjustments should be made for disabled applicant at job interview
Waddingham v NHS Business Services Authority ET/1804896/13 and 1805624/13
An ET has ruled in Waddingham v NHS Business Services Authority that a disabled applicant (undergoing debilitating cancer treatment) was discriminated against when he was invited to attend a competitive …
Discrimination arising from disability when verbal reference commented on absences
Pnaiser v NHS England and Coventry City Council UKEAT/0137/15
The EAT in Pnaiser v NHS England and Coventry City Council found that there had been discrimination when the Council gave a negative reference to a future employer.
Ms Paisner brought claims against NHS England and the Council on the basis …
Discrimination in the remuneration of chaplains
Naeem v Secretary of State for Justice  EWCA Civ 1264
The Court of Appeal has considered whether there was discrimination in the pay arrangements of chaplains in HM Prison Service. In Naeem v Secretary of State for Justice as at November 2010 there were 353 employed chaplains of which 109 were Church of England, 112 Christian of …
TUPE : Acquired Rights Directive applies when work is in-sourced
Administrador de Infraestructuras Ferroviarias v Aira Pascual and others  EUECJ C-509/14
The ECJ has ruled that the Acquired Rights Directive applies where a public undertaking (in this case a railway authority) takes back in-house the management of rail freight from a private company to which it had outsourced the …
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 …
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 rates.
Guidance on recruitment and retention of transgender staff
The Government Equalities Office has published guidance on the recruitment and retention of transgender staff. The guidance includes practical advice, suggestions and ideas.
2015 Employment Law Round Up & Key Changes for 2016
A useful but brief reminder on some pertinent issues in English employment law that took place in 2015, and some pointers for what big changes are coming our way in 2016.
The results of some of 2015’s most useful cases:
Equality Act & Discrimination:
It seems s.19 of the Equality Act does not adequately reflect the intention …
Potential Redundancies (less than 20 Employees)
When undertaking a redundancy exercise you need to ensure that you follow the correct procedures and apply those procedures fairly. If you are dismissing 20 employees or more as redundant over a period of 90 days or less, you will also have additional obligations which you must follow.
Employees have a number of rights in a redundancy situation, …
Termination of Employees with less than Two Qualifying Years Service
If an employee has under two years service s/he will not be able to make a claim of ordinary unfair dismissal. This means that an employer may decide to adopt an adapted procedure before dismissing an employee.
The Right Not to be Unfairly Dismissed
Employees who were engaged on or after 6th April 2012 only acquire the …