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UK: Government announcements - consultation on gender pay gap reporting imminent, tribunal fee review and delay to new tax-free childcare scheme
The Government has committed in legislation to make regulations by March 2016 for mandatory gender pay reporting for larger employers, but the relevant …
UK: Unfair dismissal - dismissal for attending work smelling of alcohol was unfair given failure to follow policies
Employers seeking to dismiss for misconduct should consider carefully whether the behaviour properly falls within the category of gross misconduct and …
UK: Religious discrimination - dismissal of nursery worker for discussing religious views on homosexuality was unlawful
Employers may have a legitimate aim in wishing to prohibit discussion of religious views on homosexuality in the workplace, but should ensure the …
UK: Contractual duties - no implied duty to disclose allegations of own misconduct
Employers wishing to ensure employees are subject to a duty to disclose allegations of sexual or other misconduct outside of that employment should …
UK: Disciplinary appeals - involvement of manager junior to decision-maker may not be unfair
Inclusion in an internal appeal panel of an individual who is junior to the decision-maker will not necessarily render an appeal process unfair, despite …
UK: Indirect discrimination - claimants must show why disadvantage arises for protected group
Employers will welcome a Court of Appeal ruling that it is not enough for claimants seeking to establish indirect discrimination to produce statistics …
UK: Working time - Advocate-General Opinion that travel to and from home may count as working time for peripatetic workers
The ECJ Advocate-General has given the opinion in Federacion de Servicios Privados v Tyco Integrated Security that, for peripatetic employees with no …
UK: Holiday pay - Northern Irish ruling that employers may need to include voluntary overtime pay in calculation
In Patterson v Castlereagh BC the Northern Irish Court of Appeal has given its view that, in principle, voluntary overtime pay may need to be included in …
UK: TUPE transferee's duty to agree reasonable adjustments to role offered pre-transfer
Where a disabled employee of the transferor will be redundant on transfer due to relocation, the transferee should indicate a willingness to make …
UK: Court of Appeal due to consider whether US exclusive jurisdiction clause or EU jurisdiction rules should prevail
The Court of Appeal is due to consider whether a UK-domiciled employee's right under EU rules to be sued only in the UK should be given precedence over …
UK: New resources for employers on facial disfigurement, epilepsy, dementia, holiday pay, right to work checks
Charity Changing Faces has published guidance to assist employers with handling the issue of facial disfigurement. It advises that employers should …
UK: Peripatetic employee based abroad not entitled to bring statutory UK employment claims despite work here
Spending more time in England than any other country does not necessarily mean that a peripatetic employee can claim unfair dismissal here; the key …
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