Employment Law Newsletter - May 2016
This month’s newsletter includes the following:-
- Article 8 ECHR: Criminal investigation beats Respect for Private Life
- Repudiatory breach: Employee’s attempts to negotiate exit do not excuse employer’s breach
- Re-engagement Orders: Tribunals must properly consider all details
- Equality Act: Is Mutuality of Obligation necessary to bring a claim?
- Equality Act: What is its territorial scope?
- Direct race discrimination: Comparators
- Health and safety: Serious consequences for directors over serious breaches
- New regulations: Posted Workers in the construction sector finally get payment protection
- Trade Union Act 2016: Receives Royal Assent but not yet commenced
- Enterprise Act 2016: Receives Royal Assent, commencement in stages
- The Executive Remuneration Working Group publishes interim report
- Government consultation: Review launched to help careers of Black, Minority and Ethnic people
Article 8 ECHR: Criminal investigation beats Respect for Private Life
In Garamukanwa v Solent NHS Trust UKEAT/0245/15, an employee (Mr Garamukanwa) was suspected of carrying out malicious and threatening behavior toward two other employees after a relationship break-down. The matter was reported to police and an investigation was undertaken by the employer, Solent NHS Trust. Mr Garamukanwa …
Repudiatory breach: Employee’s attempts to negotiate exit do not excuse employer’s breach
In Gibbs v Leeds United Football Club Ltd  EWHC 960 (QB), the assistant manager (Gibbs) decided not to take on the role of head coach after the manager was sacked. He was asked to continue in his role while they tried to work out a mutually acceptable termination package. However,& …
Re-engagement Orders: Tribunals must properly consider all details
The question before the EAT in Lincolnshire County Council v Lupton UKEAT/0328/15, was whether the original tribunal had made a mistake in ordering re-engagement of the claimant by the County Council respondent. When making such a decision the tribunal must follow the ERA 1996 which states that first the tribunal must …
Equality Act: Is Mutuality of Obligation necessary to bring a claim?
Mutuality of obligation is a test used in law to describe the relationship between the employer and employee. It means the employer has an obligation to provide work for an employee, whom it pays for that work, and the employee has an obligation to personally do the work. In Secretary of State for Justice v Windle and Arada& …
Equality Act: What is its territorial scope?
The Equality Act 2010 itself does not set out the territory to which it applies, so this question was put before the Court of Appeal in R (Hottak and another) v The Secretary of State for Foreign and Commonwealth Affairs and another  EWCA Civ 438 who considered whether the High Court had come to the correct conclusion. There are a number of …
Direct race discrimination: Comparators
In order to prove direct race discrimination, a claimant must show that because of their race: first, they were treated less favourably by the defendant than the defendant treats or would treat others; and second, in order to establish this, they must use an actual or hypothetical comparator (e.g. compare like for like). According to Shamoon v Chief …
Health and safety: Serious consequences for directors over serious breaches
Manchester Police report the case of two directors who were imprisoned for gross negligence manslaughter and both they and their companies were heavily fined for various breaches under the Health and Safety at Work Act, the CDM Regulations, and the Work at Height Regulations.
C. Smith and Sons (Rochdale) Ltd won a …
New regulations: Posted Workers in the construction sector finally get payment protection
The Posted Workers (Enforcement of Employment Rights) Regulations 2016 (SI 2016/539) come into force on 18 June 2016, bringing into force in Britain the Posted Workers Enforcement Directive (2014/67/EU). This was felt necessary as the minimum employment and working conditions of posted workers, …
Trade Union Act 2016: Receives Royal Assent but not yet commenced
In February we set out some of the key reforms proposed by the Trade Union Bill. On 4 May 2016 the bill became the Trade Union Act when it received Royal Assent, however, it currently lacks a commencement date but will be brought into force by statutory instrument when appropriate.
Some of the …
Enterprise Act 2016: Receives Royal Assent, commencement in stages
On 4 May 2016, the Enterprise Bill was also given Royal Assent. However, the Enterprise Act will come into force in stages: some sections come into force on the day it was enacted, others in two months’ time, others in one year and the rest require secondary legislation (see here).
The Act is designed to support …
The Executive Remuneration Working Group publishes interim report
In September 2015 the Investment Committee set up an independent working group to review Executive Pay, which has been deemed to be no longer fit for purpose. As the ERWG themselves point out, the level of the FTSE has not changed much in the last eighteen years, if anything it has dropped, meanwhile executive pay has more than …
Government consultation: Review launched to help careers of Black, Minority and Ethnic people
On 10 May the government launched a consultation to help understand the obstacles faced by Black, Minority and Ethnic (BME) people in the labour market. The investigation is being led by Baroness McGregor-Smith, chief executive officer of the Mitie Group plc (a FTSE 250 company), to find out what …