Employment Matters May 2018

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Employment Matters May 2018

Published 18 May 2018

Now that the first round of reporting gender pay and bonus gaps has been done, the next deadline looming in HR practitioners' minds is likely to be 25 May 2018: the implementation date for the General Data Protection Regulation (GDPR). We outline below some tips which are of relevance to all employers whatever their state of compliance at this stage

As ever employment law developments in the last month cover a broad spectrum of topics. The Supreme Court has given a decision about when notice takes effect where there is no express term making this clear.

The EAT has looked at two appeals considering whether males on shared parental leave should be paid the same level of enhanced pay as women on maternity leave: the upshot is they may pay them differently but these appeals are unlikely to be the last word on this matter particularly relating to indirect discrimination.

Finally, another claim has been issued in relation to employee status: the Independent Workers’ Union of Great Britain has issued a claim on behalf of 20 CitySprint couriers on the basis that the couriers have been misclassified as self-employed contractors and should therefore receive £200,000 of backdated holiday pay. The union has also filed a holiday pay claim on behalf of three eCourier drivers of another courier company, and is seeking judicial review of the Central Arbitration Committee's decision that the union could not collectively bargain on behalf of outsourced workers with the end user of their services.

GDPR: less than a month to go and counting

After a two year countdown the implementation date for the General Data Protection Regulation (GDPR) (25 May 2018) is looming.  Many organisations, particularly those which process large volumes of consumer data, will have been grappling with the challenges for months and reaching the final stages of their action plans.

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Contractual Notice: In the absence of an express term, when does notice of termination take effect?

In this case, the EAT considered whether there had been a service provision change where the provision of adult care packages for a local authority was fragmented and allocated to multiple providers.

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Discrimination? No discrimination where shared parental leave pay and enhanced maternity pay are not paid at the same level

If you offer enhanced maternity pay do you also have to enhance shared parental leave pay?  On 11 April the Employment Appeal Tribunal (EAT) clarified that employers which enhance maternity pay for the first 14 weeks but not shared parental pay do not directly discriminate against men. 

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Redundancies and Unfair Dismissal: Does an employer have to consider "bumping" in redundancy situations?

In this case, the EAT considered whether employers are required to consider bumping junior employees if the redundant employee has not suggested that it do so

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References: Do reference writers have to consider whether earlier investigations have been fair?

An employer was not negligent where it had provided a reference containing negative opinions formed following an internal investigation into conduct without considering the fairness of that investigation.

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Authors

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

Joanne Bell

Joanne Bell

Manchester

+44 (0) 161 934 3179

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