The Children and Families Act 2014 has now received Royal Assent. The Act contains a number of employment law changes including a new system of shared parental leave and the extension of the right to request flexible working to all employees. The extension of the right to request flexible working is intended to come into[…]
The Government has now published two sets of Regulations relating to the national minimum wage (NMW). One set of Regulations increases the maximum penalty for employers who fail to pay their workers the NMW to £20,000. The other creates a specific exemption from the NMW for workers undertaking one of the Government’s new ‘traineeships’ designed[…]
The Employment Rights (Increase of Limits) Order 2014 SI 2014/382 has been published. The Order will increase the limits on certain employment tribunal awards and other amounts payable under employment legislation from 6 April 2014. The notable changes include: • the limit on the amount of a week’s pay for the purposes of calculating, among[…]
Can a Claimant who is illegally working in the UK bring a claim for sexual harassment against her unlawful employers? Yes, holds in the EAT in Wijesundera v Heathrow Logistics. Ms Wijesundera, a Sri Lankan national, informed the Respondents that she required a work permit. She commenced employment before this was obtained and knew that[…]
In Mohamud v WM Morrison Supermarkets plc the Court of Appeal has held that an employer was not vicariously liable for an employee’s assault on a customer. There was nothing to show that the attack had a sufficiently close connection with the employment, as required by the House of Lords’ decision in Lister v Hesley[…]
The Welfare Benefits Uprating Order 2014 SI 2014/147 has now been published. The Order sets the rates for statutory sick pay and statutory maternity, paternity and adoption pay from April 2014. The changes that come into force on 6 April 2014 are: • an increase in statutory sick pay from £86.70 to £87.55, and •[…]
Concerns about driving in the snow can amount to a whistleblowing ‘qualifying disclosure’
LATEST NEWS Jan 28, 2014
In Norbrook Laboratories (GB) Ltd v Shaw the EAT has held that a manager’s concerns about employees driving in snowy conditions could amount to a ‘qualifying disclosure’ about health and safety for the purpose of whistleblowing protection, despite being expressed in three separate e-mails to two different recipients. S managed a sales team whose work[…]
In Portnykh v Nomura International plc the EAT has held that negotiations between an employee and an employer over a settlement agreement were inadmissible as evidence in the employee’s whistleblowing dismissal claim under the ‘without prejudice’ rule. The EAT also held that the rule should not be disapplied on the ground of ‘unambiguous impropriety’ simply[…]
Can an employment tribunal decide that it is within the range of reasonable responses for an employer to dismiss an employee taking into account a final written warning when an appeal against it remained outstanding, without hearing evidence regarding the imposition of the warning? Yes, holds the EAT in Rooney v Dundee City Council The[…]
HM Revenue and Customs has issued a consultation on proposed changes to the tax system in order to tackle false self-employment – i.e. the use of employment businesses and intermediary companies to present employment situations as self-employment. The consultation follows the announcement made in the Autumn Statement. The proposed changes are intended to come into[…]