Posts Categorized: Employment and HR

Government Abolishes the Sick Pay Reclaim Scheme

The Government’s decision to abolish, with effect from 6 April 2014, the statutory sick pay (SSP) percentage threshold scheme, whereby employers could, in certain circumstances, reclaim SSP paid to employees absent through ill health, will have a particular impact on smaller businesses with staff on long-term sick leave. One reason given for dropping the scheme… Read more »

Age Discrimination and Redundancy

A 61-year-old local authority employee, who received a lower redundancy payment than younger workers with the same length of service because she was over the state pension age that applied at the time, has succeeded in her age discrimination claim (Heron v Sefton Metropolitan Borough Council). Ms Heron was made redundant by Sefton Metropolitan Borough… Read more »

Disability Discrimination – Reasonable Adjustments

Under Section 4A of the Disability Discrimination Act 1995 (DDA), employers had a duty to make reasonable adjustments if a provision, criterion or practice (PCP) placed a disabled worker at a substantial disadvantage compared with persons without a disability. Under Section 20 of the Equality Act 2010, which replaced the DDA, this duty remains largely… Read more »

Court of Appeal Confirms Big Picture Focus Means Big Loss

The dangers of leaving the details of negotiations to those interested in the ‘big picture’ have been clearly illustrated by a Court of Appeal decision which has left North East ratepayers severely out of pocket (Newcastle International Airport Limited v Eversheds LLP). The case revolved around the decision by Newcastle International Airport Limited (NIAL) to… Read more »

Collective Redundancy Consultation – The Scope of the Legislation

In a long-running case concerning an employer’s obligations to consult with employee representatives when making collective redundancies (United States of America v Nolan), the Court of Appeal sought guidance from the Court of Justice of the European (CJEU) as to the exact point at which this obligation arises under Directive 98/59/EC, the Collective Redundancies Directive…. Read more »

Are You Prepared for the World Cup?

The 2014 FIFA World Cup starts next Thursday, with England’s first match, against Italy, due to kick off at 11pm on Saturday, 14 June. Employers should ensure that they have policies in place to deal with any issues that may arise and that these are communicated to employees. Employers are not obliged to adopt flexible… Read more »

CJEU Rules on Holiday Pay and Unearned Commission

The Court of Justice of the European Union (CJEU) has handed down its ruling in the important case of Lock v British Gas Trading Limited and Others, agreeing with the preliminary opinion of the Advocate General that a correct interpretation of the EU Working Time Directive (WTD) requires that the holiday pay of an employee… Read more »

EHRC Launches Guidance on Preventing Discrimination

The Equality and Human Rights Commission (EHRC) has published two sets of guidance for businesses on how to prevent discrimination and avoid costly legal challenges. ‘The Equality Act: Guidance for Small Business’ explains how the Equality Act 2010 relates to small businesses and outlines steps they must take to ensure they stay within the law…. Read more »