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UK: Whistleblowing - rulings on claims against colleagues working abroad, the importance of the employer's and whistleblower's motivation, and scope of remedy for detriment
In its first ruling on the issue, the EAT has ruled that an employee can bring a whistleblowing detriment claim in an English employment tribunal …
UK: Termination payments - changes to tax treatment from 6 April 2018
Employers currently contemplating or negotiating termination agreements should be aware of changes to the tax regime which will apply for the 2018-19 tax …
UK: Gender pay gap reporting - EHRC threatens enforcement action for non-compliance
The 4th April 2018 deadline for publication of employers' first year of gender pay gap data is looming, yet over 90% of employers covered by the new …
UK: Arbitration - its growth, practical uses and limitations in an employment law context
There is a growing appetite to resolve employment disputes by arbitration. This is the finding of the UK Employment Lawyers Association (ELA) …
UK: proposed reforms to fitness for work, statutory sick pay and mental health protections
An independent review of mental health at work, commissioned by the Prime Minister, has been published. The Stevenson/Farmer review calls on employers to …
UK: Court of Appeal reinstates burden of proof for discrimination claims
The Court of Appeal has held that the EAT ruling in Efobi v Royal Mail Group (that it is not incumbent on the claimant in a discrimination claim to prove …
UK: fairness of whistleblowing dismissal depended on knowledge of decision-maker, notwithstanding manipulation by line manager
The Court of Appeal has overturned the EAT ruling in Royal Mail v Jhuti, although a further appeal has been filed. The EAT had ruled that the …
UK: dismissal for failure to produce right to work documents could be unfair
The EAT decision in Baker v Abellio London UK serves as a reminder that it is not a statutory requirement for an employer to obtain right to work …
UK: duty not to mislead employee as to reason for dismissal
In Rawlinson v Brightside Group, the EAT held that the duty of trust and confidence includes an obligation on an employer not to deliberately mislead an …
UK: over-thorough investigation did not render dismissal unfair
In NHS 24 v Pillar, the EAT has ruled that an over-thorough investigation will not of itself render a dismissal unfair. It is for the …
UK: ECJ ruling on breastfeeding risk assessments, Acas pregnancy/maternity guidance, and bereavement leave bill
In the Spanish case Ramos v Servicio Galego de Saude, the ECJ has ruled that it is insufficient for an employer to carry out only a general risk …
UK: gig economy developments, including important ECJ ruling on holiday pay, Uber and Deliveroo rulings on worker status, and delay to government proposals
The ECJ has agreed with the Advocate-General's opinion in King v Sash Windows that workers denied paid holiday can carry over their 4 weeks' statutory …
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