Key increases to employment related limits
Taylor & Emmet Soicitors | The Employment law blog
by Kelly Gibson
3y ago
From 6 April 2021, there will be increases to various employment related limits. The key changes include: 1. The statutory limit on a week’s pay used for calculating an unfair dismissal basic award and also for calculating a statutory redundancy payment will increase from £538 to £544; 2. The maximum basic award for unfair dismissal (calculated according to a formula based on the employee’s age, length of service and weekly pay (capped as above)) will increase from £16,140 to £16,320; 3. As the calculation for a statutory redundancy payment mirrors the calculation for a basic award, the maximu ..read more
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Discrimination and the Reasonable Steps Defence
Taylor & Emmet Soicitors | The Employment law blog
by Kelly Gibson
3y ago
Under the Equality Act 2010 (the Equality Act), employers are potentially liable for acts of discrimination, harassment and victimisation carried out by its workforce. For liability to attach, there has to be a sufficiently close connection with the wrongdoing so that it is considered to have been carried out in the course of employment. Case law has confirmed that acts outside of working hours and / or off site can be considered “in the course of employment” if they are sufficiently connected to employment. For example, events occurring at a work social event in a pub outside of work hours. I ..read more
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Religion or belief discrimination
Taylor & Emmet Soicitors | The Employment law blog
by Kelly Gibson
3y ago
Discrimination on the grounds of religion or belief has been a hot topic over the last ten years and this year is no different. There have been a number of cases that are factually interesting without laying down any particularly new points of law. We do not expect the number of cases to decrease over the coming years and some of these will proceed through the courts and may develop the jurisprudence in this area. Sometimes the area of contention is one where two beliefs appear to be pitted against each other, however, all beliefs are equal in the eyes of the law and should be treated as such ..read more
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Coronavirus related changes in 2020
Taylor & Emmet Soicitors | The Employment law blog
by Kelly Gibson
3y ago
There have been many legislative changes this year to do with Coronavirus (“Covid-19”), however, it would be fair to say that these have come, gone and changed so frequently that it would not be helpful to detail them all here. As such, below is a summary of the key ones that will have an ongoing impact (England only). 1. Statutory Sick pay (“SSP”) The Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) Regulations 2020 entitle employers with fewer than 250 employees (as at 28 February 2020) to apply to HMRC for reimbursement of SSP paid for sickness absence due to Covid-19 al ..read more
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The Good Work Plan
Taylor & Emmet Soicitors | The Employment law blog
by Kelly Gibson
3y ago
Several legislative changes to implement the government’s Good Work Plan came into effect on 6 April 2020. These include: 1. Written statement of terms the specific days of the week the worker is required to work, whether the days and working hours may be variable, and how any variation will be determined; any paid leave to which the worker is entitled, for example enhanced sick pay or maternity leave; details of any other benefits provided by the employer that are not already included in the statement; any probationary period, including any conditions and its duration; and any training enti ..read more
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Restrictive covenants: Allen t/a David Allen Chartered Accountants v Dodd & Co (CA)
Taylor & Emmet Soicitors | The Employment law blog
by Kelly Gibson
3y ago
Dodd & Co (“Dodd”) recruited a new employee who had post-termination restrictions in his contact of employment with Allen t/a David Allen Chartered Accountants (“David Allen”). Dodd took legal advice on the enforceability of the restrictions and were advised that the relevant term was “probably unenforceable” and on that basis they employed Mr Pollock and allowed him to contact his former clients. David Allen brought a claim against the individual for breach of his restrictions, but also pursued a claim against Dodd on the basis that they had induced Mr Pollock to breach his restrictions ..read more
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Gender reassignment: Taylor v Jaguar Land Rover Limited (ET)
Taylor & Emmet Soicitors | The Employment law blog
by Kelly Gibson
3y ago
An Employment Tribunal upheld claims for harassment, direct discrimination and victimisation on the ground of gender reassignment brought against Jaguar Land Rover Ltd (JLR) by one of its engineers, Ms Taylor, who, having identified as gender fluid/non-binary, usually dressed in women’s clothing. Ms Taylor claimed that she was subsequently subjected to insults and abusive jokes at work, suffered difficulties with the use of toilet facilities and that managerial support was lacking. Ms Taylor has been awarded compensation of £180,000 and a number of recommendations have been made in respect of ..read more
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TUPE: ISS Facility Services NV v Sonia Govaerts, Atalian NV, formerly Euroclean NV (ECJ)
Taylor & Emmet Soicitors | The Employment law blog
by Kelly Gibson
3y ago
The European Court of Justice (“ECJ”) has held that an employment contract of a transferring worker may be split between more than one transferee in proportion to the tasks performed by the worker.  The Facts In the case of ISS Facility Services NV v Sonia Govaerts, Atalian NV, formerly Euroclean NV, ISS Facility Services held cleaning contracts for a number of buildings in the Belgian City of Ghent, which was divided into three “lots”.  The Claimant was employed as the Project Manager for all three lots.  The contracts were re-tendered and awarded to two new contractors.  ..read more
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TUPE: Dewhurst and Others v Revisecatch Limited t/a Ecourier and City Sprint (UK) Limited (ET)
Taylor & Emmet Soicitors | The Employment law blog
by Kelly Gibson
3y ago
An Employment Tribunal has held that the Transfer of Undertakings (Protection of Employment) Regulations 2006, (“TUPE”) apply to ‘workers’ as well as ‘employees’. Whilst Employment Tribunal decisions are not a legally binding precedent, in the event that this decision is to be found to be correct by a higher court, businesses will have obligations to inform and consult with both its employees and workers in respect of TUPE transfers. The Facts In the case of Dewhurst and Others v Revisecatch Limited t/a Ecourier and City Sprint (UK) Ltd the Claimants were cycle couriers, who provided services ..read more
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Vicarious liability and data protection: Wm Morrison Supermarkets plc v Various Claimants [2020] Supreme Court
Taylor & Emmet Soicitors | The Employment law blog
by Kelly Gibson
3y ago
An employee disclosed personal data of around 5,000 employees including salary and bank details to a newspaper and online.  Morrison’s was held to be vicariously liable for the data breach in the High Court and in the Court of Appeal, even though it could not be said that the employee was acting in the course of his employment. This decision has now been reversed by the Supreme Court. The Facts Mr Skelton was employed by Morrison’s as an internal IT auditor.  He was issued with a verbal warning for minor misconduct which resulted in him developing a grudge against his employer ..read more
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