Employment Matters July 2018

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Employment Matters July 2018

Published 5 July 2018

This month, the Supreme Court upheld the decision that a plumber, engaged by Pimlico Plumbers, was a worker. Please see our alert here.

We include a round-up of the latest developments in immigration including guidance on the process to be followed by EEA nationals (and their family members) to remain living in the UK after Brexit.

This month's alert covers a Court of Appeal judgment, reversing an EAT decision, about dismissal for trade union activities. We look at two cases on comparators: one in the context of equal pay claims, and the other a part-time workers' discrimination claim. We also look at a disability discrimination case, where the employer failed to justify disciplining a disabled employee for taking sixty days' sickness absence – a reminder to employers of the importance of being able to explain and evidence the reasons for their actions. Our final case is a whistleblowing case in which the Court of Appeal considered when an "allegation" can be protected by the whistleblowing legislation.

Unfair Dismissal: Automatically unfair dismissal for trade union activities

When is an employee’s conduct so bad that dismissal for carrying out trade union activities will not be automatically unfair?

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Equal Pay: Comparators

The EAT has held that a group of female employees' right to equal pay was not affected by the promotion of their comparator.

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Disability Discrimination: An employer discriminated by disciplining a disabled employee for sixty days’ sickness absence

The EAT has held that an employer failed to objectively justify its decision to discipline a disabled employee who had taken more than sixty days’ sickness absence.

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Zero Hours Contract: Part time workers' discrimination

A part time associate lecturer on a zero hours contract was employed under the same type of contract as a permanent, full time lecturer, who was therefore potentially a valid comparator for a part time discrimination claim.

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Whistleblowing: Protected disclosures

In this case, the Court of Appeal considered the circumstances under which allegations might amount to a disclosure of information for the purposes of a whistleblowing claim.

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Immigration: Round Up for Employers

Immigration compliance remains a challenge for employers. We give guidance below on the latest developments, which hopefully will provide some relief and clarity for employers.

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Authors

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

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