DAC Beachcroft's Employment Matters focuses on some of the most interesting cases and events occurring within the Employment Law sector.
This alert covers the following topics:
1) Disability Discrimination: EAT considers whether one-off acts amount to a provision, criterion or practice
One-off acts by an employer in the course of dealing with one employee can, but will not always, amount to a provision, criterion or practice meaning disability protections do not bite.
2) Whistleblowing: Court of Appeal holds employer not liable for making a false statement to third parties about a whistleblowing ex-employee
An employer who made a damaging false statement about a whistleblowing ex-employee to third parties in an attempt to set the record straight was not liable for whistleblowing detriment
3) Unfair Dismissal: EAT finds dismissal was unfair because the investigating officer failed to pass important information to the decision maker
A dismissal for alleged sexual assault was unfair because the investigating officer failed to tell the decision maker that the complainant had withdrawn her complaint to the police.
4) Unfair Dismissal: EAT considers whether it be fair to dismiss to avoid reputational risk
It was fair to dismiss an employee to avoid reputational damage when he had been charged with a serious criminal offence, even though the charges did not relate to his job and he was subsequently acquitted.
5) IR35 OFF-Payroll working rules: Extension to private sector will only apply to services provided from 6 April 2020
HMRC and HM Treasury have announced that the extension of the off-payroll working rules to medium and large businesses in the private sector will only apply to services provided on or after 6 April 2020. As originally drafted, the extended rules would have applied to services provided before 6 April 2020 if payment for those services was made on or after that date. The amendment makes clear that if all of the services are provided before 6 April 2020, the extended rules will not apply to the payment (regardless of when it is made). If payment is made on or after 6 April 2020 in respect of services provided both before and after that date, a “just and reasonable” apportionment will be required.
