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In Lock v British Gas Trading Ltd and ors, the ECJ has held that, where a worker’s pay ordinarily includes commission, his or her salary should not be reduced to basic pay in periods following annual leave because he or she has been unable to earn commission while on annual leave. Such a practice would[…]
UNISON has been granted permission to appeal against the High Court’s decision (Brief 992) to reject its judicial review challenge to the introduction of employment tribunal and EAT fees on 29 July 2013. According to UNISON, the Court of Appeal decided on the papers that ‘the basis of the issue is of sufficient general importance[…]
The early conciliation (EC) scheme – under which anyone considering bringing an employment tribunal claim must first contact Acas to see whether the dispute can be resolved through conciliation – came into force on 6 April 2014 for a transitional month, during which parties could undertake EC if they so wished but were not obliged[…]
As of today, the time period for a transferor to provide employee liability information to a transferee increases from 14 days to 28 days before the transfer. This applies only apply to TUPE transfers that take place on or after 1 May 2014. Further, from Tuesday (6th May), it becomes compulsory to notify Acas of[…]
Parliament’s Scottish Affairs Committee has published an interim report on zero-hours contracts which recommends changes, but states that ‘in the majority of cases’ zero-hours contracts should not be used at all. The release of the interim report is timed to contribute to the Government’s consultation on zero-hours contracts. The Government is currently analysing feedback to[…]
Are the UK’s restrictions on secondary industrial action (otherwise known as ‘sympathy strikes’) an unlawful interference with freedom of association under the European Convention on Human Rights? No, holds the European Court of Human Rights, unanimously, in RMT v UK, but with differing reasons. The case arose after the RMT abandoned secondary action at a[…]
With effect from 6th April 2014, it is no longer possible for employers to reclaim statutory sick pay from the government. See this statutory instrument. Previously, employers could reclaim any amount of SSP which exceeded 13% of its national insurance contributions in the month. The rationale for abolishing it is that it gave employers an[…]
The 6 April is one of the Government’s two annual ‘common commencement dates’ and, as ever, there are plenty of changes to get to grips with. A familiar change is the annual increase in statutory payments such as sick pay, maternity, paternity and adoption pay. However, for the first time, the annual increase in statutory[…]
Procedural Error Does not Undermine Employer’s Justification of Discrimination
LATEST NEWS Apr 02, 2014
In Crime Reduction Initiatives v Lawrence the EAT has held that a procedural error in the dismissal process did not undermine an employer’s justification of discrimination arising from disability under S.15 of the Equality Act 2010. The fact that the claimant had wrongly been invited to a disciplinary meeting instead of a capability meeting did[…]