Update November 2017

Update November 2017 Introduction With sexual harassment so much in the news, this is a good opportunity for employers to make sure that they are taking adequate steps to protect themselves from claims. The key point to understand is that employers will be liable for any harassment of one employee by another if it is…

201711.17
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OMG! Emoji!

OMG! Emoji!  You know those buttons at places like airports and service stations that customers can press to show that they feel happy, unhappy, or indifferent about the service they have received? Well, it seems that Sports Direct has implemented something similar to discover how staff feel about the working conditions at one of its…

201711.15
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Supermarket takes stock of equal pay decision

Supermarket takes stock of equal pay decision Asda Stores Ltd v Brierley and others Thousands of Asda employees will have waited with bated breath for the latest development in their equal pay claims. That development was in the form of the Employment Appeal Tribunal’s (EAT) decision on Asda’s appeal. An employment tribunal had decided that…

201711.13
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Helping parents of premature or sick babies  

Helping parents of premature or sick babies   According to Acas more than 95,000 premature or sick babies are born in the UK every year. The organisation has published best practice guidance for employers on supporting employees who become parents in these difficult circumstances. The theme of the guidance is support and compassion, which employers could…

201711.10
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Location, location, location

Location, location, location Aziz v The Freemantle Trust Ms Aziz was a care worker who had relocated to the Trust’s Dell Field Court site. Issues arose between her and two other workers, and this triggered a period of difficulties, complaints, suspensions, absences and grievances. The situation was deemed to be dysfunctional, and the Trust decided…

201711.08
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More protection for pregnant workers?

  More protection for pregnant workers? Guisado v Bankia SA Pregnant workers in the UK are protected by the Equality Act. The legislation makes pregnancy and maternity discrimination unlawful, the relevant period being the start of the worker’s pregnancy to the end of their maternity leave or when they return to work (if earlier). It…

201711.06
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Race discrimination

Race discrimination Kansal v Tullett Prebon Plc   Mr Kansal was northern Indian, Punjabi in origin and a UK national. He brought nine specific complaints of direct discrimination against his employer. Two of those complaints made it to the EAT. The first was that he had been sidelined and excluded from transactions; he had been…

201710.31
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Transfers of undertakings overseas

Transfers of undertakings overseas Xerox Business Services Philippines Inc Ltd v Zeb The Transfer of Undertakings (Protection of Employment) Regulations, known as TUPE, maintain an employee’s right to the same terms and conditions of employment when some part or all of the business they work for is transferred to a new owner. There are complexities…

201710.20
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Half the pay for half the work?

Half the pay for half the work? British Airways v Pinaud People who work part-time are protected from being treated less favourably than their comparable full-time colleagues. The question in Ms Pinaud’s case was whether working more than 50% of full-time hours but not being paid more than 50% of a full-time salary was less…