An engineer whose responsibilities were reduced because of his disabilities could not have a pay cut forced on him. A reasonable adjustment for disability, which was incompatible with the terms of the employment contract could not be imposed by an employer and would only be effective with the employee’s consent. There was no reason in principle why pay protection, in conjunction with other measures, could not be a reasonable adjustment – the question would always be whether it was reasonable for the employer to have to take that step.
The government has unveiled its draft legislation, setting out how it plans to simplify and tighten the rules on the taxation of termination payments. The changes are expected to come into force in April 2018.
An agency nurse, assigned to work for a hospital trust, was eligible for whistleblower protection, because she was a worker under the extended definition, which applies for the purposes of the whistleblowing provisions.
An employee was automatically unfairly dismissed for making protected disclosures even though the person who dismissed her was unaware of those disclosures. A decision made by one person in ignorance of the true facts, and which is manipulated by someone else who is responsible for the employee and is aware of the true facts, can be attributed to their employer.
The government has all but rejected the House of Lords Select Committee’s Report recommendations with respect to disabled people and employment, which included providing further guidance on reasonable adjustments, flexible working requests for carers and tribunal procedures and fees. The government’s only commitment was to evaluate the right for carers to request flexible working by April 2019.
The government has updated its policy paper on National Minimum Wage (NMW) enforcement to take account of recent changes. It covers civil and criminal enforcement strategies including “naming and shaming”.
Two Nigerian employees whose employers treated them badly because of their status as vulnerable domestic migrant workers did not suffer direct or indirect race discrimination. The reason why these employees were mistreated was their particular vulnerability arising from their immigration status, rather than the fact that they were Nigerian.
UK Court rules on whether disclosure of a work-seeker’s rape acquittal in an enhanced criminal records certificate was breach of human rights. The court held that the disclosure did not breach the presumption of innocence under the European Convention on Human Rights, as it did not suggest that the jury had been wrong to acquit or that the police thought the claimant was guilty. Furthermore, the disclosure did not breach the right to privacy, as it was proportionate in view of the requirement to balance any detriment to the claimant, a teacher, against the need to protect vulnerable members of the public.
The Immigration Act 2016 – the offence of illegal working and other provisions – came into force on 12 July 2016.
Although the government intends to review some aspects of the Gender Recognition Act 2004, it has decided not to adopt the Women and Equalities Commons Select Committee’s recommendations to rename the protected characteristic of “gender reassignment” in the Equality Act 2010 as “gender identity”, or to disapply the occupational requirement exceptions where an individual’s acquired gender has been recognised under the 2004 Act.