Discrimination: Court of Appeal gives guidance on admitting background evidence

Christopher Tutton welcomes a new decision enabling tribunals to exclude evidence from discrimination cases if it is of only marginal relevance ‘Tribunals should be more inclined to exclude peripheral evidence, which they may previously have allowed due to a trivial link to the matters in contention, and focus more on the core issues.’The Court of …
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Working Time Regulations: Calculating holiday pay after Lock

An employment tribunal has recently determined that it is necessary to add words into the Working Time Regulations 1998 to resolve a conflict over holiday pay in EU and domestic law. Rebecca McGuirk discusses the case ‘The ECJ held that as the commission was intrinsically linked to the performance of tasks that Mr Lock was …
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Employee Misconduct: To report or not to report?

When should employers involve third-party organisations in workplace issues, ask Gwynneth Tan and Alex Newborough ‘There is no general duty under the UK criminal law regime to report criminal conduct. This means that employers will not automatically commit an offence by omitting to inform the police that an employee has, for example, stolen from the …
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Whistleblowing: EAT rules on the public interest test

David von Hagen reviews a recent case interpreting the amendments made two years ago to the law on public interest disclosures ‘It would seem that the primary aim of the public interest test was to reverse Sodexho and prevent whistleblowing claims that relied on a breach of a legal obligation that only applied to the …
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Modern Slavery: More action needed?

Richard Kenyon and Catherine Meredith analyse the impact of new legislation and recent developments in employment case law on preventing forced labour ‘Employment law has already led the way in providing potential remedies to victims of trafficking – though not without significant obstacles.’ On 25 March 1807, the Abolition of the Slave Trade Act entered …
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Trade Unions: The scope of collective bargaining

The High Court has established that the scope of collective bargaining in cases of compulsory trade union recognition is limited to core contractual terms on pay, hours and holidays, report Elizabeth Lang and Julian Bohm ‘Collective bargaining may ultimately be ordered according to a statutory, contractually binding method that the employer and union must follow.’ …
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Collective Redundancies: ECJ restores established meaning of ‘establishment’

The decision in the long-running Woolworths case is good news for multi-site employers looking to restructure, writes Lydia Christie ‘In a decision given on 30 April, the ECJ has now gone back to the employment tribunal’s view that establishment means the entity where the workers are assigned to carry out their duties.’In a return to …
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