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Case Law update - Confusion over Shared Parental Leave

Stephanie Bowen

In our last monthly update we commented on the case of Ali v Capita Customer Management Ltd. This case concluded that it was not discriminatory to pay a woman on maternity leave an enhanced rate of pay, compared to a man taking shared parental leave.

Dress Codes and Sex Discrimination – what’s new?

Emma Edis

The Government Equalities Offices has recently published new guidance on Dress Codes and Sex Discrimination. 

Right to itemised pay statements to be extended to all workers

Stephanie Bowen

With effect from 6 April 2019, every worker will have the right to an itemised pay statement. This must be at or before the time at which any payment of wages or salary is made.

Disabled workers pay gap widens

Naomi Greenwood

The pay gap for disabled workers is at its highest since 2013, and disabled workers now earn on average £1.50 less an hour than those without a disability. This is the highest pay gap since the government began publishing comparable data in 2013.

Should you follow Uber’s example and offer employee benefits?

Katherine Maxwell

Uber recently announced that it would be providing insurance cover at no extra cost to its drivers over Europe. It is also giving drivers insurance backed protection when not working (i.e. out of driving hours) such as for sickness, having a baby or jury duty.

Pimlico Plumbers lose in Supreme Court

Naomi Greenwood

Self-employed plumber Gary Smith has won his case against his former employer, Pimlico Plumbers. The case concerned whether Gary was entitled to working rights.

Employment contracts failure to detail when notice is given

Emma Edis

The case of Newcastle Upon Tyne NHS Foundation Trust v Haywood considered the matter of when the notice of termination takes effect if an employment contract is silent on when notice is deemed given.

Dismissal for misconduct without prior warning

Katherine Maxwell

The case of Mbubaegbu v Homerton University Hospital considered when dismissal for misconduct without prior warning can be reasonable. It considered whether when multiple issues arise (even if individually they are not gross misconduct) they could collectively be deemed as misconduct. 

Ensure you understand how to tax notice pay when it is paid in lieu following recent changes to the law in this area

Katherine Maxwell

This April saw the most significant change to the taxation of termination payments in many years. The intention of the change is to tax payments for unworked notice as though the notice had been worked, though the details of the implementation are inevitably more complicated than that. 

What is working time for on-call workers?

Stephanie Bowen

In the case of Villes de Nivelles v Matze, the European Court of Justice held that ‘stand-by’ time (which a worker spends at home while being duty bound to respond to calls from his employer within eight minutes) must be regarded as ‘working time’.


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