Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers To establish a defence under the Equality Act, employers have to show that they have taken all reasonable steps to prevent employees from committing acts of discrimination or harassment. Agency workers not entitled to apply for vacancies, just to be told about them Under …
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Legal news: Employment update

Jackie Thomas and Catherine Turner round up recent case law and developments affecting employers and their advisers Employers should assess the impact on the pregnant employee when considering whether a step which is intended to be supportive is in fact unfavourable treatment. Adjustments for pregnant employee were ‘unfavourable’ even when intended to protect her from …
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Legal news: Employment update

Aisleen Pugh and Sarah Munro round up recent developments affecting employers and their advisers Pleadings drafted in easy-to-read, specific, simple language will be the most effective and a better guarantee of success. Belief in fixed gender is held to be a protected characteristic In Higgs v Farmor’s School [2020], an employment tribunal has held that …
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Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers Changes to tribunal procedure to deal with Covid backlog The Ministry of Justice employment tribunal statistics for the first quarter of 2020/21 revealed that single claims had increased by 18% from the previous year, while the tribunals’ outstanding caseload increased by 31%. This was …
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Legal news: Employment update

Mark Kaye rounds up recent case law affecting employers and their advisers When an employer satisfies the requirement to establish a material factor, it is under no obligation to prove a ‘good’ reason for the pay disparity. Employee claiming unfair dismissal on trade union grounds granted interim relief In Montes Morales v Premier Fruits (Covent …
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Legal news: Employment update

Claire Scott and Chris Evans round up recent case law affecting employers and their advisers HMRC has civil and criminal powers to investigate and is likely to want to take a firm stance if it finds that employers have abused the system. EAT considers whether beneficial TUPE-related changes are void In Ferguson v Astrea Asset …
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Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers ‘The Department of Health and Social Care has published guidance on test and trace requirements for sectors where there is a higher risk of transmission of Covid-19.’ Third Treasury Direction creates fresh confusion The Treasury published the third Direction on the Coronavirus Job Retention …
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Legal news: Employment update

Catherine Turner rounds up recent case law and developments affecting employers and their advisers ‘Employers should not view data protection as a barrier to sharing information with authorities for public health purposes or with the police if necessary and proportionate.’ Furlough scheme extended to 31 October 2020 On 12 May 2020, the government extended the …
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Legal news: Employment update

Jo Broadbent rounds up recent case law and developments affecting employers and their advisers ‘For an act to constitute a PCP, there must be some sense that it would inform how similar cases are generally treated or would be treated.’ One-off act not necessarily a PCP The courts and tribunals take a wide approach to …
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