Employment Matters March 2019

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Employment Matters March 2019

Published 14 March 2019

This month we cover:


Working Time & Compensatory Rest: Compensatory rest breaks need not be for an uninterrupted period of 20 minutes where there is a "special case" exemption.

An employer is entitled to allow an employee, when they have been unable to take an uninterrupted rest break, to take a series of shorter breaks during their shift which, when aggregated together, amounted to over 20 minutes.

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Agency Workers: Hirer's liability for failure to provide equal pay to agency workers.

The hirer of agency workers was liable for the agency’s failure to pay equal pay to the workers in spite of the hirer having made payments to the agency to fund payments to the workers

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Discrimination: An Employer does not directly discriminate by treating an employee less favourably because of the employer's, rather than the employee's, religion or belief.

The dismissal of a nursery teacher for co-habiting with her boyfriend, contrary to her employer’s religious beliefs, and refusing to lie about it, had not suffered direct discrimination on the grounds of her religion

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TUPE Dismissals: The dismissal of an employee because of a bad working relationship with a colleague was a TUPE related dismissal.

The dismissal of an employee on the day of a TUPE transfer because her new employer anticipated ongoing problems with a fellow employee was automatically unfair under TUPE.

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Unfair Dismissal: Asserting a future breach of a statutory right cannot be the basis of a claim for automatically unfair dismissal.

A claim of automatically unfair dismissal for asserting breach of a statutory right must be based on an assertion that there has already been a breach of the statutory right, not that there will be a future breach.

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New guidance issued by NHS Employers on the use of settlement agreements and confidentiality clauses.

NHS Employers have issued a new factsheet for employers and workers in order to assist understanding of their rights when entering into settlement agreements.

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Authors

Ceri Fuller

Ceri Fuller

London - Fetter Lane

+44 (0)20 7894 6583

Zoë Wigan

Zoë Wigan

London - Fetter Lane

+44 (0)20 7894 6564

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