Pension Rights for Gay Spouses and Civil Partners

The Supreme Court has handed down a ruling which means that all married gay couples and civil partners should receive equal pension rights. Paragraph 18 of Schedule 9 of the Equality Act 2010 states that employers and pension funds are permitted to exclude civil partners from spousal benefits under a pension scheme the rights to… Read more »

Informing and Consulting Employees

The EU Information and Consultation Directive 2002 established minimum requirements for companies with more than 50 employees for consulting and informing them on a wide variety of subjects. The Directive does not apply to those businesses with fewer than 50 employees. The Information and Consultation of Employees Regulations 2004 implement the Directive in the UK…. Read more »

Homeworking and an Employer’s Duties

Since 30 June 2014, all employees who have worked for their employer continuously for 26 weeks have the right to ask their employer if they can work flexibly. For many people, more flexible working arrangements could include carrying out some or all of their work at home. According to analysis published by the TUC, the… Read more »

Early Conciliation – How Does it Work?

For Employment Tribunal (ET) claims lodged on or after 6 May 2014, it is a legal requirement, unless an exemption applies, for the claimant to first notify the Advisory, Conciliation and Arbitration Service (Acas) by completing an Early Conciliation notification form. ET claims will not be accepted unless this procedure has been followed and a… Read more »

E-cigarettes in the Workplace

Legislation under the Health Act 2006 that prohibits smoking in enclosed public places and workplaces, on public transport and in vehicles used for work does not cover the use of e-cigarettes. The devices do not burn tobacco or create smoke but work by vaporising a flavoured liquid for the user to inhale, which is why… Read more »

Driving on Company Business

In 2016, 529 people were killed, 5,269 seriously injured and almost 40,000 slightly injured in collisions involving a driver or rider driving for work. The Health and Safety Executive estimates that ‘more than a quarter of all road traffic incidents may involve somebody who is driving as part of their work at the time’. The… Read more »

Constructive Dismissal and Affirmation of Contract

Constructive dismissal occurs when an employee is forced to leave their job against their will because of a fundamental breach of contract by their employer. In order to succeed in a claim for constructive dismissal, the employee must show that they have not acted in a way that suggests that they have accepted the breach,… Read more »

Collective Redundancy Consultation – An Employer’s Duties

Under Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), employers have a duty to consult with appropriate representatives of employees concerning forthcoming redundancies if 20 or more employees are to be dismissed at one establishment within a 90-day period. Failure to do so can lead to a protective award requiring… Read more »

A Guide to Unfair Dismissal

Only employees have the right not to be unfairly dismissed. The right does not extend, for example, to people who are self-employed, independent contractors, members of the armed forces or workers employed under an illegal contract – e.g. a bar person under the age of 18. Unless a dismissal is ‘automatically unfair’, an employee must… Read more »

A Guide to the Gender Pay Gap Reporting Regulations

In spite of the Equal Pay Act 1970, which prohibited less favourable treatment between men and women in terms of pay and conditions, and subsequent equality laws, there is still a significant gap between the pay of men and women in the UK. To try to remedy this, the Equality Act 2010 (Gender Pay Gap… Read more »