Employment Matters November 2017

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Employment Matters November 2017

Published 8 November 2017

This month more employers have published their gender pay and bonus gap results on the Government's website, thousands of employers are yet to publish and we expect many more to do so in the lead up to Christmas. To view who's published so far click here. Most employers also plan to publish a voluntary narrative alongside their figures. While employers who have a gender pay gap hope to be able to state in their voluntary narrative that they do not have any equal pay issues, some employers are discovering issues as a result of their gender pay project.

The figures published so far reveal bigger gender pay gaps surrounding bonuses than pay. Some women may use these bonus gap figures to suggest there's a culture of sex discrimination in the organisations in which they work, or even to bring a sex discrimination claim. Employers who have not started to address the question of what their figures reveal about them, beyond workforce profile issues, would be wise to do so.

In this alert we also cover an interesting case on unfair dismissal, which adds to the case law on the extent to which previous misconduct can be taken into account in deciding to dismiss. We also look at a part time workers' discrimination claim, and an EAT judgment considering where liability lies when discriminatory decisions are made jointly or influenced by others.

This month, the Home Office has published updated guidance about slavery and human trafficking in supply chains to help employers comply with reporting requirements in the Modern Slavery Act 2015 (You can view the guidance here).

Tax: changes to taxation of termination payments from tax year 2018/2019

Unfair dismissal: taking past misconduct into account

The Government has published the second Finance Bill of 2017 which contains provisions relating to the taxation of termination payments.

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The EAT has held that an employee was not unfairly dismissed when the investigation report gave details of past misconduct which had not resulted in disciplinary sanctions.

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Discrimination: who is liable where the decision maker is influenced by someone else?

Discrimination: part time workers

In this case, the EAT considered where liability for discrimination sits when decisions are made jointly and where a decision maker is influenced by others.

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In this case, the EAT upheld a tribunal's decision that the requirement for a part time worker to be available for work on proportionately more days than a full time worker was less favourable treatment.

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Mental health at work: report published

Tribunal fees: employment tribunal fee refund scheme opens

"Thriving at Work", the review into mental health at work commissioned by the Prime Minister, has been published.

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Following the Supreme Court judgment on tribunal fees, the Government has launched the first stage of a refund scheme for employment tribunal fees.

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Parental bereavement: bill published

The Parental Bereavement Bill has been published and received a second reading.

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Authors

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

Zoë Wigan

Zoë Wigan

London - Walbrook

+44 (0)20 7894 6564

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