A recent series of cases before the EAT have highlighted the complexities faced by respondents when determining whether to challenge the ET’s jurisdiction where a claimant has failed to comply with the EC requirements. Continue reading →
In this blog post I look at possible approaches for parties to take when bringing or defending such a claim. The right approach will vary depending on the particular employer and factual scenario. However, the following are matters that should at least be considered by advisors in such cases, even if the sensible advice in some cases will be to reject them. For employers, some steps will have to be considered before any claim arises.
Research shows that 13% of workers in the UK use illegal drugs, 5% of absences are alcohol related and that 15% of workers have been intoxicated at work. It is no longer uncommon for an employee to alert you to an addiction, or for there to be indications that an employee is misusing drugs or alcohol.
In June 2017, the Employment Appeal Tribunal’s (EAT) decision in the University of Sunderland v Drossou EAT/0341/16 changed the established practice regarding how Employment Tribunals (ETs) approach the calculation of a week’s pay for compensation purposes.
Prior to Drossou, the convention was that a week’s pay under the Employment Rights Act 1996 (ERA 1996) did not include employer contributions to the employee’s pension – in the case of Payne v Port of London Authority ET/155560/89 it was found at the ET (and was not considered further when the case went to the EAT and the Court of Appeal) that the payment had to actually be received by the employee to be included in a week’s pay. Continue reading →
Discrimination. Advocate General Sharpston has given her view that the Pregnant Workers Directive (92/85/EC) should protect workers against dismissal from the moment they become pregnant, even before they have notified their employer of the pregnancy. This appears to be at odds with Article 2(a) of the Pregnant Workers Directive, and as the AG acknowledges, can be unfair to employers. In the UK, the general view is that a woman has no special protection until her employer is aware that she is pregnant. The ECJ’s decision on this issue is therefore awaited with interest.
Until recently, most of us would have dismissed such a question as ridiculous, but until recently the employment and immigration status of EU nationals in the UK has been clear: they have the right to live, work and study in the UK under the principles of free movement, as do their dependants.
Hundreds of thousands of EU migrants have come to the UK over the last decade. They have contributed significantly to the UK economy, particularly in sectors where there are labour shortages in the resident labour market, such as hospitality, agriculture and healthcare. According to a GMB study of figures produced by the Office for National Statistics, in at least 18 specialist industries EU workers constitute more than 20% of the labour force. Continue reading →
Under section 221-224 of the Employment Rights Act 1996 (ERA 1996) the amount an employee receives in contractual holiday pay will depend on whether they have “normal working hours” or not under their contract. Under the Working Time Regulations 1998 (SI 1998/1833) (WTR) the rate of holiday pay is expressed as requiring the same as the calculation of a week’s pay under the ERA 1996. In Bamsey v Albon Engineering and Manufacturing plc  EWCA Civ 369, the Court of Appeal had held that the exclusion of voluntary overtime from a calculation of a week’s pay for the purposes of calculating both contractual and WTR holiday pay was lawful. Under this analysis, a zero hours employee could legitimately be paid nothing, if all of their hours were, essentially “voluntary”.