Employment Matters October 2016

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Employment Matters October 2016

Published On: 4 October 2016

This month, employers may be reassured by an EAT decision about flexible working requests and indirect discrimination claims.

Less reassuring is that we still don't have the final gender pay reporting regulations. We have been told they will be put before Parliament as soon as the timetable allows. As we wait, remember to check you can readily access your payroll data so you can calculate your organisation's gender pay gap. Some clients have told us this will take a few months which doesn't leave much time to check, and correct, any mistakes and anomalies, before April 2017.

The news this month saw reports of an Oldham Councillor who was disqualified from acting as a company director for six years. He was the sole director of a company which operated as an industrial laundry, employing three illegal workers. The breach was found following a visit by Home Office immigration officers. Employers should be aware that the Home Office seems to be doing more spot checks for immigration breaches. See our recent webinar here.

Organisations, both in the private and public sector, will be aware that they have an obligation to publish a slavery and human trafficking statement for financial years ending on or after 31 March 2016, within six months of the end of the financial year. Employers subject to this new regime should have published their first statements, and should be aware that NGOs may name and shame employers that have not complied.

TUPE: no client, no service provision change

Indirect discrimination and flexible working: needs of other employees can justify indirect discrimination 

In this case, the EAT considered whether there was a service provision change when a park and ride service, originally subsidised by the local council, was taken over by a company which provided the service on its own behalf, rather than on behalf of the council.

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In this case, the EAT held that an employer's need to balance the rights and needs of its workforce can be a legitimate aim to be used in a justification defence. 

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National minimum wage increase

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Gender pay gap reporting: update

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Government consultation and new regulations: update

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