Employment Matters November 2016

Employment Matters November 2016's Tags

Tags related to this article

Employment Matters November 2016

Published 31 October 2016

We are hosting another of our live webinars this month. This time the topic is "Recent developments in discrimination". To sign up please follow the link here.

One development we are all waiting for is for the gender pay reporting regulations to be finalised. We have been told by the Government Equalities Office that they want to lay these as soon as the parliamentary timetable allows, which could mean November. 

Also of importance to employers this month was the Court of Appeal's decision that commission should be included in Working Time Regulations holiday pay. Please see our alert on this here.

Below we cover a case on TUPE, showing a pragmatic approach by tribunals to considering the application of TUPE to service provision changes.  We also look at a discrimination case about breastfeeding which is a useful reminder of the importance of gathering hard evidence for justification defences.  A disability discrimination case considers justifying action under an absence management procedure.  

Over the weekend the papers have been full of the Employment Tribunal's decision regarding the employment status of Uber taxi drivers. Our commentary on this is below. Also in the news this month was an important decision for retailers on equal pay – please see our alert.

TUPE: when are activities fundamentally the same?

Breastfeeding at work: employees' rights

In this case, the EAT considered the correct approach to whether activities were "fundamentally the same" before and after an outsourcing, and found that the judge had struck the right balance between "overgeneralisation and pedantry".

 

Read more

In this case, an employment tribunal held that easyJet's roster practices were indirectly discriminatory towards two breastfeeding employees, and that easyJet had failed to pay remuneration for suspension on maternity grounds and to offer suitable alternative work.

 

Read more

Disability discrimination: absence management procedures

Subject access requests: disclosure of third party personal data without consent

 

In this case, the EAT held that employers justifying disability discrimination have to justify each act of unfavourable treatment rather than just the underlying procedure.

 

Read more

In this case, the High Court ruled that personal data about a third party should not be disclosed in the absence of his consent, and provided useful guidance to data controllers.

Read more

Uber drivers are workers, not self-employed contractors

Employment tribunals: judicial assessment 

On Friday an employment tribunal ruled that drivers engaged by Uber are not self-employed contractors, but fall squarely within the definition of "worker". This means they will be entitled to certain employment rights such as holiday pay, rest breaks and the national minimum wage.

Read more

The President of the Employment Tribunals has issued a protocol for judicial assessment by judges in employment tribunals.

Read more

 

Gender Pay Reporting Update #2

 

Read our latest update on this topic.

Read more

 

 

Authors

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

Zoë Wigan

Zoë Wigan

London - Walbrook

+44 (0)20 7894 6564

< Back to articles