Employment Law Newsletter - March 2018 (Part 2)
- Unfair dismissal: Head Teacher’s dismissal for non-disclosure of relationship with sex offender upheld
- Redundancy: When employers should consider ‘bumping’ employees
- Disability Discrimination: Does an employee’s belief of disability extend to employer’s knowledge?
- Disability: What counts as cancer?
- Holiday Pay: Capping holiday pay for term-time workers
- Tribunals: Time limits for bringing claims
- Tribunals: Costs awards can include work prior to the ET3
- Changes to statutory wage payments from beginning of April
- Tribunal compensation limits will increase
- Changes to termination payments
- Childcare Voucher Scheme: Deferred closure
- ICO publishes ‘An Introduction to the Data Protection Bill’
Unfair dismissal: Head Teacher’s dismissal for non-disclosure of relationship with sex offender upheld
In July 2016 we reported on the case of A v B and another  where the head teacher was dismissed by the school for misconduct when they discovered she had not disclosed her relationship with a person who had been convicted of making indecent images of children. She argued that …
Redundancy: When employers should consider ‘bumping’ employees
For those not in the know, ‘bumping’ is when an employer decides to dismiss Employee B instead of Employee A. E.g. where Employee A’s role is redundant and finding them another role displaces Employee B instead, so essentially, Employee B is bumped for Employee A.
In Mirab v Mentor Graphics (UK) Ltd& …
Disability Discrimination: Does an employee’s belief of disability extend to employer’s knowledge?
In Toy v Chief Constable of Leicestershire UKEAT 0124/17/LA the claimant had been dismissed as a Police Constable during probation as a result of performance concerns. However, the claimant had been a PCSO for a number of years prior to this and yet, during the termination …
Disability: What counts as cancer?
According to Schedule 1, paragraph 6 of the Equality Act 2010, cancer is a ‘deemed' disability. This means that there is no need for a Claimant to demonstrate their disability under s.6(1) of the Act (i.e. that they have an impairment with a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities). The question …
Holiday Pay: Capping holiday pay for term-time workers
In Brazel v The Harpur Trust UKEAT/0102/17 the claimant was a part-time music teacher at a school working during term-time only. She had a contractual right to 5.6 weeks holiday pay mirroring her statutory right. The school calculated her holiday pay on the basis of 12.07% of her total pay over the year, reflecting 5.6/46.4 weeks. …
Tribunals: Time limits for bringing claims
The case of Royal Mail Group Ltd v Jhuti continues (see our last briefing in July 2017), this time back in the EAT as regards the issue of timing for the detriment caused to Ms Jhuti. Her claim for unfair dismissal had previously been considered by the Court of Appeal who reversed the EAT’s decision, holding that the material decision …
Tribunals: Costs awards can include work prior to the ET3
In Sunuva Ltd v Martin UKEAT 0174/17 the claimant brought a claim, amongst other things, for unfair dismissal. At the final hearing, however, the respondent’s witness admitted that their decision to dismiss had been predetermined. As a result the claimant was awarded costs of £17,136.90. The respondent appealed on the …
Changes to statutory wage payments from beginning of April
As ever, April brings key changes in employment law with regard to statutory payments.
1. The National Minimum Wage (Amendment) Regulations 2018 will come into force on 1 April 2018, replacing the current National Living Wages as follows:
for workers aged 25 or over, an increase from £7.50 to £7.83 per hour; …
Tribunal compensation limits will increase
On 6 April 2018, the Employment Rights (Increase of Limits) Order 2018 will come into force increasing:
the maximum compensatory award for unfair dismissal from £80,541 to £83,682; and
the maximum amount of a week's pay (for calculating statutory redundancy payments and other awards including the basic and additional awards for …
Changes to termination payments
HMRC has new rules regarding the taxation of termination payments made where both payment and termination takes place on or after 6 April 2018. All payments in lieu of notice, including payments where there is no contractual PILON power, will be subject to income tax and class 1 NICs. This means that if and to the extent that notice is not worked, employers …
Childcare Voucher Scheme: Deferred closure
During a recent Commons debate, the issue of the closure of the existing childcare voucher scheme was raised and Secretary of State for Education, Damian Hinds MP, announced that the closure of the scheme would be deferred for a further 6 months (until October 2018). Employees who have not yet joined existing schemes will need to act swiftly …
ICO publishes ‘An Introduction to the Data Protection Bill’
The Information Commissioner’s Office has now produced a document to help people and organisations navigate their way around the Bill and focus on the sections most relevant to them: ‘An Introduction to the Data Protection Bill’. Whilst the Bill is has not yet been enacted, it is such a major piece of …
Employment Law Newsletter - March 2018 (Part 1)
- Disability Discrimination: What constitutes constructive knowledge of a disability?
- Discrimination: Time limits
- Dismissal: When does the ‘effective date of termination’ (EDT) kick in?
- Specific Disclosure: Scope of disclosure of employee/union communications in dismissal case
- Working Time: When does stand-by time become working time for the purposes of payment?
- Unlawful Deductions from Wages: Complex contracts
- GDPR: Obtaining consent from employees
- The Good Work Review: What will the government actually do next?
- Fitness For Work Scheme comes to an end
- Apply for basic DBS checks through a new online service
- Payments during employment: Payslips
Disability Discrimination: What constitutes constructive knowledge of a disability?
In April 2015, we reported on a case which has now gone to the Court of Appeal: Donelien v Liberata UK Ltd  EWCA Civ 129. The EAT in that case had held that Liberata had done enough to avoid being fixed with constructive knowledge of Ms Donelien’s disability by referring her to …
Discrimination: Time limits
In Hale v Brighton & Sussex University Hospitals NHS Trust  UKEAT/0342/16/LA the Claimant was a white surgeon who line-managed four ‘Asian’ junior doctors. These doctors raised a collective complaint of bullying and harassment against the Claimant, which later included racial harassment. Following heated discussions between the parties, the …
Dismissal: When does the ‘effective date of termination’ (EDT) kick in?
The EAT in Cosmeceuticals Ltd v Parkin  UKEAT 0049_17_2706 had to consider when the effective date of termination (EDT) kicks in where there has been a summary dismissal, with notice given subsequently. The question was, in these circumstances, is the EDT moved to the end of the notice period? …
Specific Disclosure: Scope of disclosure of employee/union communications in dismissal case
In Dhanda v TSB Bank Plc  UKEAT 0294_17_1312 the EAT looked at the disclosure order made by the tribunal in a dismissal case. This was a matter where the Claimant had claimed unfair dismissal after being subject to disciplinary proceedings following a mix-up at the bank where she was a …
Working Time: When does stand-by time become working time for the purposes of payment?
In Ville de Nivelles v Matzak ECLI:EU:C:2017:619 the CJEU had to consider when stand-by time was working time. The Claimant was a volunteer firefighter in Nivelles, Belgium. The requirements for being on stand-by duty were that the firefighters had to be within 8 minutes travelling time of the fire …
Unlawful Deductions from Wages: Complex contracts
In Tyne And Wear Passenger Transport Executive T/A Nexus v Anderson & Others  UKEAT/0151/16/BA the tribunal had to consider whether it was able to construe complex contractual provisions when deciding a claim for unlawful deductions from wages.
In 2012 a pay settlement was negotiated between the Claimants’ union, the RMT, …
GDPR: Obtaining consent from employees
As you will be aware, the GDPR is coming and we are all busy preparing for it and the impact it will have on our businesses, but have you considered it in relation to your employees? If you read our article: The EU General Data Protection Regulation and Your Business you will note we drew attention to the matter of consent. This is particularly …
The Good Work Review: What will the government actually do next?
In July 2017 we reported that the Taylor Review’s recommendations had been published and we set out a summary of the main recommendations. Its short title is the ‘Good Work’ Report but it seems that the government is not ready to take the plunge and take on all the recommendations. The government recently put out …
Fitness for work scheme comes to an end
The Fitness For Work assessment services have not been a success, with low referral rates, and so the government has announced that they will end in England and Wales on 31 March 2018 and in Scotland on 31 May 2018. Employers, employees and GPs will continue to be able to use the same Fit for Work helpline, website (https://fitforwork.org/) and web …
Apply for basic DBS checks through a new online service
Until 17 January 2018, all basic DBS checks for applicants in England and Wales were carried out by Disclosure Scotland. This service has now ceased and the new online service is now available from the government website: https://www.gov.uk/request-copy-criminal-record. The price remains £25.
Payments during employment: Payslips
A new statutory instrument has recently been laid before parliament and will come into force 6 April 2019 regarding pay slips: The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) Order 2018. The Order requires employers to state on payslips the number of hours being paid where wages vary according to time worked. This means, the hours must be …