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UK: employers should offer internal appeal against dismissal
The case of Afzal v East London Pizza Ltd t/a Dominos Pizza highlights the importance of offering a right of appeal against dismissal. In that case the …
UK: Diversity Developments - presentation of pay gap data, proposals on parental leave and dress code guidance
The Government Equalities Office has published the findings of a commissioned study (here) concluding that the clearest and most accessible way of …
UK: Contract- Supreme Court breathes new life into “no oral modification” clauses
Employers can have more confidence that an "entire agreement" or "no oral modification" clause in an employment contract is likely to be effective in …
UK: Compensation - impact of flexible PHI options on loss of earnings claim
Employers should be aware that, where they provide different levels of PHI benefit through a flexible benefits scheme, this may mean that only part of …
UK: Discrimination - tax treatment of compensation, zero hours claims, and equal pay comparators
In Pettigrew v HMRC the First Tier Tribunal has held that settlement payments made by reference to underpaid past earnings arising out of a claim of …
UK: Relying on a series of acts - courts confirm approach to 'final straw' constructive dismissal claims and summary dismissal for acts which are not individually gross misconduct
Employers should note that, even where an employee seems to have 'moved on' from complaints that a series of acts by the employer cumulatively amounted …
UK: Disability discrimination - need to consider possible link between misconduct and an employee's disability before deciding disciplinary action
When disciplining a disabled employee, employers need to consider carefully whether they should obtain medical evidence on any possible link between …
UK: Whistleblowing - a Protected Disclosure Must Include Specific Facts, but These Can be Deduced From the Context of an Allegation
Workers may be entitled to whistleblower protection in broader circumstances than employers expect. It is clear that specific facts must be conveyed …
UK: Supreme Court upholds 'worker status' in Pimlico Plumber case
The Supreme Court has today dismissed Pimlico Plumbers (PP)'s appeal against a tribunal decision that plumber Gary Smith was a 'worker' (ie an individual …
UK: HMRC and HM Treasury Publish Consultation to Extend Recent IR35 Public Sector Reforms to the Private Sector
On 18 May 2018, HMRC published a consultation document entitled "Off-payroll working in the private sector" with the aim of tackling what it perceives as …
Is there a role for ADR in employment disputes?
The Global Pound Conference (GPC) Series is a unique and ambitious initiative to inform how civil and commercial disputes are resolved in the …
UK: no direct discrimination in failure to enhance shared parental leave pay to match maternity pay; indirect discrimination claim to be reheard
Many employers who enhance maternity pay have chosen not to mirror this for shared parental leave, pending clarity as to whether this could be direct or …
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