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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 […]

9 Feb 2016

Sexism in recruitment: what not to write down when recruiting…

Employers have to be very careful during both the recruitment stages, and the course of employment itself to ensure acts or comments cannot be construed as discriminatory. The recent case of Lucia Pagliarone v Immuno Biotech, has highlighted some of the issues employers face when recruiting. Although heard on Guernsey, it is likely that an […]

21 Jan 2016

Can an employer withdraw a job offer due to a negative reference?

It’s no wonder that employers now give just bland references confirming dates of employment job titles only. The giving of references can create a maelstrom of difficulties – and not giving a reference is fraught with problems too. In a recent case before the EAT, Pnaiser v NHS England, the reference giver and the prospective […]

19 Jan 2016

Commission and holiday pay: British Gas v Lock back under the spotlight – but no news yet!

Mr Lock’s success in arguing that his holiday pay should include his commission element has scared the wits out of employers. British Gas however has appealed and the case was in the Employment Appeal tribunal last month. We wait with baited breath for the outcome……   Recap You might remember that Mr Lock claimed that […]

14 Jan 2016

ECHR says employers free to snoop – well, they already could

It’s all over the press with headlines such as “Bosses free to spy on employee emails”, “Bosses can snoop” and references to “big brother”. This week, the European Court of Human Rights (ECHR) ruled in a Romanian case that there had been no breach of the employee’s right to privacy when the employer accessed the […]