Archives: Employment (UK)

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Guidance on the Recruitment and Retention of Transgender Staff in the UK

The UK Government has published new guidance for employers regarding the recruitment and retention of transgender staff. Its stated aim is to make sure employers are equipped to create an inclusive culture for all of their staff and act as a practical guide for managers. The guidance emphasises that there is a strong business case … Continue Reading

Government publishes guidance on the reporting obligation in the Modern Slavery Act

Section 54 of the Modern Slavery Act (MSA) requires certain businesses to publish an annual statement explaining what steps they are taking to ensure there is no modern slavery within their own business and their supply chains. During consultation on this measure, businesses repeatedly called for effective and practical guidance on what a modern slavery … Continue Reading

Government announces requirement for large employers to publish details of bonuses awarded to employees

This week, the Government announced a further measure aimed at eliminating gender pay inequality, requiring larger businesses with more than 250 employees to publish information regarding the bonuses awarded to their male and female employees. This announcement is part of the Government’s existing strategy aimed at eliminating pay inequalities between men and women. This strategy … Continue Reading

HR Influence in Disciplinary Proceedings Can Render Dismissals Unfair

In Ramphal v Department for Transport (EAT – 2015), the EAT has provided guidance on the appropriate level of HR involvement in disciplinary proceedings. The case concerns an employee who was dismissed for gross misconduct relating to his expenses and use of hire cars. It was clear from evidence given at the employment tribunal that … Continue Reading

Employment Appeal Tribunal confirms temporary agency workers’ right to information about permanent vacancies is limited

In Coles –v– Ministry of Defence, the Employment Appeal Tribunal (“EAT”) has confirmed that agency workers’ rights to be provided with information about permanent vacancies within the organisation in which they work is just that; there is no right to be considered for the vacancy, whether on equal terms with permanent staff or otherwise. The … Continue Reading

Indirect discrimination claim may be brought where Claimant does not have protected characteristic

In the case of CHEZ Razpredelenie Bulgaria, the European Court of Justice (“ECJ”) has extended the concept of indirect discrimination to cover those who do not have a protected characteristic, but who are associated with such people. In this case, a Bulgarian shop owner was protected from indirect discrimination affecting members of the Roma community, … Continue Reading

Just how wide is the band of reasonable responses for misconduct dismissals?

In Newbound v Thames Water Utilities Ltd, the Court of Appeal has restored an Employment Tribunal’s decision that the Claimant was unfairly dismissed for a breach of his employer’s health and safety procedures. The case is a reminder that, although an employer’s decision to dismiss must only be within a band of reasonable responses to … Continue Reading

Acas Early Conciliation – One Year On

In May 2014, in an attempt to simplify the Tribunal system and make it more efficient, the Government imposed a duty on claimants to attempt early conciliation through Acas before bringing a claim. A recent report provides information about the impact of Acas Early Conciliation in its first year. The Early Conciliation Process The Acas … Continue Reading

Prime Minister: Businesses with Turnover of £36 Million or More Must Publish Annual Statements on Slavery and Human Trafficking

This morning the Prime Minister made an important announcement regarding the new reporting requirement in the Modern Slavery Act. David Cameron confirmed that businesses with a turnover of £36 million or more will be caught by the Act and will therefore be required to produce an annual slavery and human trafficking statement from October 2015. … Continue Reading

Trade Union Bill Published

On 15 July 2015, the Government published a draft Trade Union Bill which sets out changes to tighten the law on industrial action. What is the current position? There is no general right to take industrial action under UK law. In most cases, employees taking industrial action will be acting unlawfully since by doing so, … Continue Reading

The legality of employee strike action

Welcome to Reed Smith’s Monthly Global Employment Law blog post. This month’s post covers the legality of employee strikes in five key jurisdictions: France, Germany, Hong Kong, the UK and the United States. France According to the French Supreme Court, a lawful strike action is defined as a collective cessation of work, the purpose of … Continue Reading

Closing the Gender Pay Gap

This week the Government confirmed it will issue regulations requiring employers who have 250 or more employees to publish gender pay information. This blog explores the impact for employers. The Government has now confirmed its intention to legislate under section 78 of the Equality Act 2010 which gives the Government power to issue regulations requiring … Continue Reading

Should voluntary overtime be included when calculating holiday pay?

Another decision has been handed down to clarify – or complicate – the position on which aspects of pay should be included when calculating an employee’s entitlement to holiday pay. The Court of Appeal in Northern Ireland (“CA”) has held that voluntary overtime is not necessarily excluded from the calculation of holiday pay for the … Continue Reading

UK Government reveals new legislative programme – Implications for employment law

Following the unexpected victory by the Conservatives in the UK general election on 7 May, the Government has announced its programme for the next session of Parliament. Amongst its proposals, the Government is proposing new laws regulating the ability to take lawful strike action. The new proposals will require a 50% voter turnout threshold in … Continue Reading

European Court clarifies when collective redundancy consultation obligations apply

The Court of Justice of the European Union (“CJEU”) has today given its decision in the case of USDAW and others – v – Ethel Austin and others, otherwise known as the Woolworths case. The CJEU has decided that, in determining whether collective redundancy consultation obligations are triggered, an employer need only consider proposed redundancies … Continue Reading

UK Update – Whistleblowing: When is a disclosure made in the public interest?

In Chestertons –v– Nurmohamed, the Employment Appeal Tribunal has given the first appellate guidance on when a worker’s disclosure is made in the public interest, so as to attract whistleblower protection. Changes to Whistleblowing legislation In July 2013, the whistleblower legislation was changed to require a worker making a disclosure to have a reasonable belief … Continue Reading

Term Limitations in Competitive Sports: Are All German Professional Sports Contracts Invalid?

The Labour Court Mainz is currently creating quite a stir in German professional sports. For decades, it was customary and recognized by the courts that contracts of professional athletes could be limited. The Labor Court in Mainz now sees this differently. German goalkeeper Heinz Müller brought an action against his club Mainz 05. He had … Continue Reading

Sickness absence management – employee rights, risks and recommendations

This post was also written by Martin Gätzner. France Under French law, the employment contract of an employee who is on sick leave is suspended. The employee is expected to inform his or her employer and the relevant social security organisations of the sickness absence within 48 hours, and will be entitled to receive social security … Continue Reading
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