EAT rules that failure to provide rest breaks constitutes refusal

In Grange v Abellio London Ltd, the Employment Appeal Tribunal (EAT) has ruled that a worker can bring a claim for an employer’s failure to provide rest breaks under the Working Time Regulations (WTRs), even though the worker has not actually requested or been refused any breaks.

The EAT held that:

 

whilst workers cannot be forced to take rest breaks, employers need to be proactive in ensuring that they are able to take them during their [...]

By |December 2nd, 2016|HR / Employment Law News|

National Living Wage to increase

In his first Autumn Statement, Chancellor Philip Hammond confirmed that the National Living Wage (NLW) is set to increase from £7.20 to £7.50 per hour, a rise of 4%, in April 2017. This will amount to a pay rise of over £500 per year for a full-time worker.

George Osborne, Hammond’s predecessor, introduced an initiative to increase the NLW to more than £9 per hour by 2020 for working people aged 25 and over, so it’s [...]

By |December 2nd, 2016|HR / Employment Law News|

Indirect Sex Discrimination in relation to flexible working requests

The case of XC Trains LTd v CD and ASLEF concerned “indirect discrimination.” Indirect discrimination is where:

A non-discriminatory requirement (“Provision, criterion or Practice” or PCP) has a disproportionately adverse effect on people with a protected characteristic which puts them at a particular disadvantage as compared with people without that protected characteristic; and
The Employer cannot show that that PCP is a “proportionate means of achieving a legitimate aim”. [Ref: s19, Equality Act 2010]

The Claimant [...]

By |November 21st, 2016|HR / Employment Law News|

Packaging firm fined over Health & Safety breaches

A Liverpool packaging Company has been fined after a worker’s thumb was severed whilst operating a machine where dangerous parts were not properly guarded. Jiffy Packaging, which produces packaging for the food industry and stationery products, was found guilty at Liverpool Crown Court following an investigation by the Health & Safety Executive (HSE).

The Court was told that the worker reached through an unguarded section in the frame of one of the machines to perform [...]

By |November 21st, 2016|Health & Safety News|

Are you status conscious?

Self-employed, worker, employee, the status of individual’s and their respective rights, has often been a cause for confusion and debate, whether considering the appropriate procedures to follow or if companies are liable for income tax and national insurance contributions.

The recent case considered within the London Employment Tribunal put forward by two Uber drivers, argued that due to the levels of control maintained by Uber, drivers are not self-employed but ‘workers’.

The drivers have won this round, [...]

By |October 28th, 2016|Uncategorized|

Warnings all round…

A journalist working for the BBC’s Sri Lankan service has recently been awarded £50,000 following his dismissal.

Mr Bandara had been employed at the BBC for 18 years and in August 2014 was dismissed due to making a number of derogatory comments to some fellow workers and shouting at others.

The dismissal came after he had received a final written warning in July 2013 as a result of his failure to report the birth of Prince [...]

By |October 21st, 2016|Uncategorized|

Court of Appeal rules holiday pay must include results-based commission

On 7 October 2016, the Court of Appeal handed down its judgment in British Gas Trading v Lock & Anor.

To recap, a British Gas sales consultant claimed he was owed holiday pay due to the amount he received whilst on annual leave not incorporating an amount reflective of his variable monthly commission payments.

Originally, the Tribunal could not reach a decisionon whether the relevant EU law the UK must work to required holiday pay to [...]

By |October 20th, 2016|HR / Employment Law News|

Junior doctors lose High Court case

The High Court has ruled that the manner in which the Government is introducing new contracts of employment for junior doctors is legal, so the junior doctors’ attempt to stall the imposition of the controversial contract has failed.

At the heart of the issue was whether the Health Secretary, Jeremy Hunt, had the power to impose the new contract and whether that was what he was trying to do. The group representing the doctors, ‘Justice [...]

By |October 14th, 2016|HR / Employment Law News|

Disney company fined following injury to Harrison Ford

A production Company owned by Disney has been fined following an accident in June involving Harrison Ford that occurred during the filming of Star Wars: The Force Awakens at Pinewood Studios.

Foodles Production (UK) Ltd was fined a total of £1.6m after admitting two counts of breaching the Health & Safety at Work (etc.) Act 1974 at an earlier hearing (see here for our previous article in this regard).

The star was reprising his role as [...]

By |October 14th, 2016|General, Health & Safety News|

Shared Parental Leave back in the spot light…

When the Shared Parental Leave provisions were announced, there was much discussion in relation to whether any enhanced maternity pay provisions would cross over to fathers/partners who intended to share the parental leave. In a recent landmark case, Snell, an employee of Network Rail, has been awarded nearly £30,000 on the grounds of sex discrimination.

In this case, the husband and wife team were both employed by Network Rail and so as the mother commenced [...]

By |October 6th, 2016|Uncategorized|