TUPE: The duty to inform and consult

Trowers & Hamlins LLP | June 2014 #151
Richie Alder and Anna Scott consider the impact of Allen v Morrisons Facilities Services and of the new pre-transfer consultation regime ‘The EAT held that employees can only bring an action for failure to provide information under Regulation 13 against their employer at the time (the transferor).’ Can employees bring a direct claim against an …

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Covert Recordings: What’s the secret?

McDermott Will & Emery | June 2014 #151
Clandestine recordings of private discussions at workplace disciplinary and grievance hearings may be admissible in employment tribunal proceedings, report Sharon Tan and Paul McGrath ‘Technological advances have given rise to a spate of cases that have considered whether evidence obtained on a clandestine basis ought to be admissible in subsequent employment tribunal litigation.’ In an …

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Equal Pay: What is the ‘Asda price’?

Lewis Silkin | June 2014 #151
Colin Leckey analyses the potential impact of the claim for six years’ back pay launched by 400 female supermarket workers alleging gender discrimination ‘Pay rates for certain jobs taken mainly by women are depressed because of a conscious or subconscious perception, often longstanding, that they are “women’s work”.’ Equal pay claims have been a feature …

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Sex Discrimination: No protection for post-natal depression

Bryan Cave Leighton Paisner LLP | June 2014 #151
Mark Kaye discusses a recent EAT decision on the dismissal of an employee who continued to take sickness absence after her maternity leave ended ‘The EAT found that although she had been treated unfavourably because of an illness which was related to her pregnancy, such treatment took place outside the protected period.’ It is not …

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Health And Safety: E-cigarettes – smoking out the issues

Shoosmiths LLP | June 2014 #151
The growing popularity of electronic cigarettes means that employers need to draw up a policy on their use at work, advises Siobhan Atkin ‘Using e-cigarettes in the workplace is not prohibited and employers do not have to ban – or indeed permit – their use. They must therefore decide what approach best fits with the …

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Immigration Law: New codes of practice issued on illegal working

Turbervilles | June 2014 #151
Jasmine Shergill summarises employers’ duties to check prospective employees’ right to work in the UK and to do so without discriminating against them ‘Assessing a prospective worker’s eligibility for employment, including the type of work they can do and the amount of hours they can work, depends on their immigration status.’ On 14 May, the …

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Flexible Working: The new regime

Clyde & Co LLP | June 2014 #151
Nick Dent and Ruth Bonino examine the issues raised by the forthcoming changes to the right to request to work flexibly ‘The real risk to employers lies not in the sanctions available under the flexible working regime but in discrimination law and constructive dismissal claims.’ From 30 June 2014, the right to request to work …

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