Employment Law Newsletter - July 2018
- Unfair Dismissal: Can the qualifying period be extended by statutory notice?
- Immigration: Failure to provide right of appeal not fair
- Dismissal: Successful appeal can result in revived contract and reinstated employee
- Discrimination: When does a philosophical belief become a protected characteristic?
- Minimum Wage: Carers sleeping in ‘on call’ not entitled to minimum wage
- Pensions: Employer made commitment to employees which it must fulfil
- Brexit Update: Future of UK-EU relationship & settlement scheme for EU citizens
- Employment status: HMRC’s Check Employment Status for Tax Tool falls short
- Minimum Wage: 239 employers have failed to pay NMW and must now pay millions in arrears and penalties
- Employers toolkit: New advice for employers on handling domestic abuse
- Equality: Government considers paternity rights further
- Equality: GEO opens consultation on reform of the Gender Recognition Act 2004
Unfair Dismissal: Can the qualifying period be extended by statutory notice?
In the case of Lancaster and Duke Ltd v Wileman UKEAT 0256/17/LA a claimant had been dismissed for gross misconduct two days prior to the second year anniversary of her start date. The qualifying period for an unfair dismissal claim is two years. The claimant applied s.86(1) and s.97(2) of the Employment Rights Act …
Immigration: Failure to provide right of appeal not fair
In Afzal v East London Pizza Ltd t/a Dominos Pizza  UKEAT 0265_17_1304 Mr Afzal had been asked to provide evidence of his right to work in the UK before his limited leave to remain expired in August 2016. On the day this leave would have expired, Mr Azfal sent an email to his employer with a copy of his application to the Home …
Dismissal: Successful appeal can result in revived contract and reinstated employee
In Patel v Folkestone Nursing Home Ltd UKEAT/0348/15/DM the tribunal considered the case of a claimant who was dismissed following two charges of gross misconduct, but following an appeal, the employer revoked that decision. In the employer’s letter to the claimant, it told him his appeal had been …
Discrimination: When does a philosophical belief become a protected characteristic?
In Gray v Mulberry Company (Design) Ltd UKEAT/0040/17/DA the claimant asserted that a belief in “the statutory human or moral right to own the copyright and moral rights of her own creative works and output” amounted to a philosophical belief (e.g. s.10(2) Equality Act 2010). She had refused to …
Minimum Wage: Carers sleeping in 'on call' not entitled to minimum wage
In Royal MenCap Society v Tomlinson-Blake  EWCA Civ 1641, the Court of Appeal considered the issue of whether carers who sleep at a client’s home are entitled to the minimum wage while they are asleep, as this is technically viewed as being on call. of the importance of the case to employers in the care …
Pensions: Employer made commitment to employees which it must fulfil
In a recent case before the Deputy Pensions Ombudsman (Determination in complaints by Mr D and Mr L, 5 June 2018 (PO-14197 and PO-14185)), complaints from two members were upheld because an employer did not maintain its commitment to keep their pensions in a post-TUPE pension scheme "broadly in line" with those of the …
Brexit Update: Future of UK-EU relationship & settlement scheme for EU citizens
On 12 July 2018, the government published a white paper entitled: 'The future relationship between the United Kingdom and European Union’. It reiterates that the government's policy is for the UK to leave the single market and the customs union, and gain flexibility to conclude new international …
Employment status: HMRC’s Check Employment Status for Tax Tool falls short
HMRC have an online tool called the Check Employment Status Tool (CEST) which they offer to help people work out if they should be classed as employed or self-employed for tax purposes. Recently, this tool has come under fire from industry experts (and in particular contractors who are constantly …
Minimum Wage: 239 employers have failed to pay NMW and must now pay millions in arrears and penalties
HMRC has published a list of 239 employers who have been found to have underpaid 22,400 UK workers by £1.44 million. In addition, those employers have received fines of £1.97 million – a new record. According to the government, the top 5 reasons for National Minimum and …
Employers toolkit: New advice for employers on handling domestic abuse
Public Health England and Business in the Community have been consulting with employers and have now produced ‘Domestic Abuse: A Toolkit for Employers’. The aim is to increase awareness and reduce stigma surrounding domestic abuse, and help employers create supportive working environments in which …
Equality: Government considers paternity rights further
On 20 March 2018, the government’s Women and Equalities Committee published a report entitled, ‘Fathers and the workplace’. It looked at the current situation with regard to fathers’ rights at work and ultimately called on the government to make a number of improvements. These include removing the qualifying …
Equality: GEO opens consultation on reform of the Gender Recognition Act 2004
The Government Equalities Office (GEO) is seeking views on its proposals to reform the Gender Recognition Act 2004. The intention is to make it easier for a trans person to obtain a gender recognition certificate (GRC) and be legally recognised as their chosen gender.
The consultation seeks views on streamlining the …