Employment Matters March 2018

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Employment Matters March 2018

Published 12 March 2018

Our first two cases this month will not be welcomed by employers as they allow for the possibility of higher awards in detriment claims - the first in claims of working time detriment and the second in whistleblowing claims. A more welcome case for employers is our third case, which confirms that employers only need to take reasonable steps to find out about an employee's health to avoid constructive knowledge of a disability.

This month, we also look at the High Court's comments about a clause requiring an employee to tell his employer about job offers from competitors - the first time that such clauses have been considered in any detail by the courts.

Finally, in terms of cases, we look at two cases which examine the potential for age discrimination in pension schemes.

Employers should note that tribunal compensation limits will increase on 6 April 2018, and statutory rates for time off work will rise from 1 April 2018. The national minimum wage and national living wage will also increase from 1 April 2018. Details are here. We also look at the changes to the taxation of termination payments which will be introduced in April.

Finally, the Head of our Business Immigration Unit, Emma Morgan, discusses workforce retention and recruitment in the UK in one of our videos in our series of Brexit Briefs.

Working time: compensation for injury to feelings can be awarded in claims for working time detriment

The EAT has held that tribunals have the jurisdiction to make awards for injury to feelings in working time detriment claims.

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Whistleblowing: awards for detriment claims may include post-termination losses

TThe Court of Appeal has held that, in principle, whistleblowers can claim post-termination losses if they can show that the losses are attributable to pre-termination detriment.

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Disability discrimination: when does the employer "know" about a disability?

This Court of Appeal decision confirms that an employer does not have to take every possible step to establish whether an employee is disabled to avoid having constructive knowledge of disability. The test is what the employer could reasonably be expected to know.

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Injunctions: springboard injunction could be appropriate where the employee breaches a contractual term requiring him to tell his employer about job offers from competitors

The Courts have held that a 12 month springboard injunction preventing an employee from working for a competitor could be appropriate where the employee had breached an express term requiring him to notify his employer of job offers from competitors. It also held that a 12 month non-compete restrictive covenant was enforceable.

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Pensions and age discrimination: certain pension scheme changes could amount to age discrimination

Under the Equality Act 2010, discrimination on grounds of age is unlawful unless it can be objectively justified as a proportionate means of achieving a legitimate aim.

Two recent Employment Appeal Tribunal (EAT) cases provide some clarification for employers who are seeking to objectively justify an age discriminatory practice as being a proportionate means of achieving a legitimate aim. These EAT decisions will be of relevance for private sector employers, even though the cases were brought by members of public sector pension schemes.

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Taxation of termination payments

The biggest statutory shake-up in a generation will be happening to the taxation of termination payments with the first wave of changes taking effect on 6 April this year, and more changes next year.

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Increase in compensation limits, payments for time off work and national minimum wage

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Brexit Brief - Workforce: retention and recruitment

Senior Associate and Head of our Business Immigration Unit, Emma Morgan, discusses workforce retention and recruitment in the UK in this next video in our series of Brexit Briefs.

Watch now

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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