Authors: Ruth Bonino, Corinna Harris and Sophie Jackson Subject to Parliamentary approval, these changes will apply across England, Scotland and Wales. The UK Government has announced plans to remove the restriction that prevents employment businesses (agencies) from supplying an employer with temporary workers to cover the duties normally performed by a worker who is taking […]
UK: Collective Bargaining
Authors: Ruth Bonino, Corinna Harris and Sophie Jackson Employers are prohibited from inducing their workers who are members of a recognised trade union to bypass collective bargaining in certain circumstances.[1] A recent decision of the Supreme Court determined that a one-off direct offer to employees concerning pay, bypassing stalled collective bargaining, constituted an unlawful inducement […]
UK: Unfair Dismissal – Compensatory Awards
Authors: Ruth Bonino, Corinna Harris and Sophie Jackson In a successful unfair dismissal claim, the tribunal makes a compensatory award it considers ‘just and equitable’, subject to a cap at the lower of 52 weeks’ pay or the statutory cap which was £74,200 at the time of this claim (from April 2022 the cap stands […]
UK: Mental Health and Wellbeing
Authors: Ruth Bonino, Corinna Harris and Sophie Jackson The Department for Health and Social Care has published a discussion paper and call for evidence on improving mental health and wellbeing, which includes the development of a ten-year plan to reduce the prevalence, incidence and recurrence of mental ill-health. The discussion paper suggests employers should be […]
UK: Horizon Scanning – The Queen’s Speech 2022
Authors: Ruth Bonino, Corinna Harris and Sophie Jackson The Queen’s Speech 2022 (10th May 2022) did not include an Employment Bill despite the government first having announced in December 2019 that it would bring forward a new Employment Bill to ‘protect and enhance workers’ rights. The reforms expected in a new Employment Bill include: making […]
UK: Unfair Dismissal – Redundancy
Authors: Ruth Bonino, Corinna Harris and Sophie Jackson HC-One Oval Ltd announced it was reducing the number of employees carrying out reception and administrative work. After Ms White, a part-time receptionist, was provisionally selected for redundancy, she requested voluntary redundancy which was accepted. Ms White subsequently brought a claim for unfair dismissal in which she alleged that the redundancy process […]
UK: IR35 – Off-Payroll Working
Authors: Ruth Bonino, Corinna Harris and Sophie Jackson IR35 refers to the legislation which seeks to prevent the avoidance of income tax and NICs through the use of a personal service company and other intermediaries (PSC). If IR35 applies, the PSC is liable to pay income tax and NICs in respect of the deemed earnings […]
UK: Increase in Tribunal Compensation Limits and Employment Rates
Authors: Robert Hill and Corinna Harris Unfair dismissal awards and redundancy pay: the limit on a week’s pay, for the purposes of calculating statutory redundancy and compensation for unfair dismissal, increases to £571 (from £544). the maximum compensatory award for unfair dismissal increases to £93,878 (from £89,493). the maximum statutory redundancy payment increases to £17,130 […]
UK: Ethnicity Pay Gap Reporting
Authors: Robert Hill and Corinna Harris The government’s response says that mandatory reporting may not be the most appropriate tool for every type of employer seeking to ensure fairness in the workplace, and that it wants to avoid imposing new reporting burdens on businesses as they recover from the pandemic. However, there will be a […]
UK: Equal Pay Audits
Authors: Robert Hill, Corinna Harris and Sophie Jackson Ms Macken brought claims for equal pay, direct sex discrimination, victimisation, protected disclosure detriment and harassment, and the tribunal found that BNPP had: paid her less than her male comparator on the grounds of sex; directly discriminated against her on the grounds of sex; and victimised her […]