This category can only be viewed by members.
Laura Daniels reviews a recent case on whether monitoring an employee’s personal communications breached his human rights ‘Member states should ensure that an employer’s measures to monitor correspondence and other communications, irrespective of those measures’ extent and duration, are accompanied by sufficient safeguards against abuse.’ The European Court of Human Rights has decided in Barbulescu …
Continue reading "Employee Monitoring: Do employees have the right to a private life at work?"
This post is only available to members.
A High Court decision has significantly extended the scope of employers’ potential liability for the actions of individuals whom they do not formally employ, explain Kate Bain and Luke Green ‘This judgment extends the potential scope of vicarious liability further than ever before.’ The High Court recently handed down its ruling in Various Claimants v …
Continue reading "Vicarious Liability: Employer accountable for wrongdoing by a contractor"
This post is only available to members.
Clare Gregory rounds up recent case law and developments affecting employers and their advisers ‘The Employment Appeal Tribunal has held that payment for voluntary overtime that is normally worked is within the concept of “normal remuneration”.’ Brexit’s impact on EU nationals living in the UK After many months of speculation about the government’s proposals for …
Continue reading "Legal News: Employment update"
This post is only available to members.
Richard Fox examines the practical and political issues arising from the Supreme Court’s momentous decision that charging claimants to bring an employment tribunal complaint is unlawful ‘The government will now need to take stock and reconsider its position. In some ways, it is remarkable that it chose not to bow to the tide of criticism …
Continue reading "Employment Tribunal Fees: What took them so long?"
This post is only available to members.
Tim Leaver, Paul Young and Jemima Coleman summarise the key findings of the Taylor review and analyse its impact in the context of recent case law ‘There appears to be a focus on revenue generation for the Treasury and insufficient consideration of whether the proposals will unduly affect the feasibility of the gig model.’ After …
Continue reading "Gig Economy: The Taylor review – a missed opportunity?"
This post is only available to members.
Phil Allen looks at a recent Court of Appeal decision and why it means there will be increases to discrimination awards in employment tribunals ‘While the largest component of most discrimination awards will remain the (uncapped) lost earnings, the increase in injury to feelings figures will mean that the employer’s potential exposure and the cost …
Continue reading "Injury To Feelings: Court of Appeal rules that employment tribunals should increase discrimination awards"
This post is only available to members.
Pension schemes which restrict benefits for same-sex spouses and civil partners will need to be changed as a recent ruling means they no longer comply with UK law, reports Fudia Smartt ‘Failing to give Mr Walker’s husband an entitlement to a survivor’s pension for all of the claimant’s service would clearly be sexual orientation discrimination …
Continue reading "Sexual Orientation Discrimination: Supreme Court decides on survivor pension rights for same-sex partners"
This post is only available to members.
The Court of Appeal has failed to resolve uncertainty over whether a complaint about a breach of a worker’s own employment contract can amount to a protected disclosure, explain Christopher Fisher and Tanem Taskin ‘To be protected by the whistleblowing legislation, a worker must have made a protected disclosure.’ In Chesterton Global Ltd v Nurmohamed …
Continue reading "Whistleblowing: When are claims in the public interest?"
This post is only available to members.
Anthony Fincham and Rachel Easter consider the employment rights of interns, work experience students and temporary workers providing holiday cover or support during busy periods ‘Most temporary staff engaged through an agency will have certain rights under the Agency Workers Regulations 2010 from day one of their placement, which are the responsibility of the hirer.’ …
Continue reading "Temporary Work: Employers’ duties to seasonal and student workers"
This post is only available to members.
Anthony Fincham and Val Dougan analyse two recent cases challenging employers’ failure to enhance shared parental pay rates for fathers ‘It may be possible to argue that a failure to pay enhanced rates of pay is both direct and indirect discrimination.’ We have come a long way since maternity leave was first introduced by the …
Continue reading "Shared Parental Leave: Dads paid less for bringing up a baby – is direct discrimination the answer?"
This post is only available to members.
