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19 May 2016

Are retirement ages in PHI schemes age discriminatory?

Permanent health insurance benefits are valuable benefits – both to an employee and to an employer. However, they also bring with them some real difficulties, one of which is related to age discrimination when it comes to stopping payments. Back in 2012 the ET considered whether an employer could stop making payments under a PHI […]

16 May 2016

When HR policy becomes PR disaster – heels cause a kerfuffle!

Sometimes HR policies need to be viewed not only from a legal perspective or in the light of potential employment tribunals, but more importantly in terms of the potential PR disasters that can ensue. One such case was the widely reported story of temporary receptionist who was asked to wear high heels in place of […]

26 Apr 2016

Handling sensitive issues: disciplinary action over religious conversations in the workplace

A Christian NHS worker who was disciplined following a complaint from a colleague about a series of conversations of a religious nature lost her appeal against the NHS in the EAT. At first glance it may seem a little harsh that the case even went to the EAT, however, further reading of the case reveals […]

22 Apr 2016

Funding retirement and the new requirements on businesses to provide retirement risk warnings

Since introducing increased pension flexibilities in 2015, including the ability to draw down large sums from their pension pots the Government has become concerned that pension savers might make poorly informed decisions about how to manage their pension, leading to an increased burden on the state following these changes. Therefore, from 6 April 2016 the […]

15 Apr 2016

Does the presence of age-related pension benefits mean you can treat over 50s differently?

The recent EAT case, Donkor v Royal Bank of Scotland considered whether an employee over 50, who stood to gain from early retirement benefits that were only available to over 50s, could not compare his treatment in relation to redundancy to that of an employee under 50. In the Donkor case, during a restructure in […]

17 Mar 2016

Childcare vouchers – benefit or “remuneration”? And the implications for maternity leave

It’s always a tricky question to work out what are benefits that continue during maternity leave and what counts as “remuneration”. Childcare vouchers and car allowances are the two issues that come up most regularly. (Car allowances are still in the murky category where there is divided opinion on whether they are pay or a […]

3 Mar 2016

Morrisons liable for assault by its employee – is this a change to the law?

Yesterday the Supreme Court ruled that Morrisons was vicariously liable for the unprovoked assault by one of its employees, Mr Khan on a customer. This case will undoubtedly send shockwaves through employers – how can it be possible that an employer is at fault if one of its employees steps out from behind the counter, […]

25 Feb 2016

Why now is a good time to ensure gender pay gap reporting doesn’t leave you feeling shamed

On the 12th February the Government published its draft regulations providing for mandatory gender pay reporting, for consultation until 11th March. What are the implications for businesses and what do you need to consider now? Let’s start with a quick look at who’s potentially affected and how. Who is affected? The regulations will apply to […]

23 Feb 2016

Are zero hour contract workers obliged to comply with exclusivity clauses?

As part of the squeeze on the use of zero hours contracts, new anti-avoidance regulations came into force on 11 January 2016 to provide protection for employees and workers operating under zero hour contracts. Following on from the change last year that made exclusivity clauses unenforceable, employees on these contracts are protected if they are […]

17 Feb 2016

Building a defence against unfair dismissal: Demonstrating that a former employee could have done more to mitigate their loss

An often-overlooked tool in an employer’s armoury in an unfair dismissal case is attacking whether an employee has properly mitigated their loss. However, it’s not as easy as just arguing that an employee should have done more to find another job. In a recent case, Cooper Contracting Ltd v Lindsey, the EAT provided some useful […]