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Can an Employer Change Terms and Conditions by Making Offers Directly to Workers and Avoiding Trade Union Negotiations?

Share this...PinterestemailFacebookTwitterLinkedinUnlawful Inducements to trade union members Inducements to trade union members to forgo collective bargaining are normally unlawful and employers risk sanctions if a court finds them guilty of unlawful inducements, however this risk for employers has been reduced since the Court of Appeal decision in Kostal UK Ltd v Dunkley & Others [2019]. Section 145B makes any direct... Read more

EQUAL PAY: COURT OF APPEAL RULES IN FAVOUR OF ASDA EMPLOYEES

Share this...PinterestemailFacebookTwitterLinkedinBrierley and Ors v Asda Stores Ltd [2019] EWCA CIV 44 Over 7,000 predominantly female retail employees brought equal pay claims against ASDA in the Employment Tribunal. The first hurdle to overcome in an equal pay claim is establishing an appropriate comparator. The female employees in this case relied upon male employees in the distribution line. The female employees... Read more

Measures announced to combat Sexual Harassment at Work

Share this...PinterestemailFacebookTwitterLinkedinThe Women and Equalities Select Committee reported earlier this year that sexual harassment in the workplace is “widespread and commonplace”. It recommended that the government put sexual harassment at the top of its agenda, advising that (a) regulators should take a more active role, (b) enforcement processes should be modified to work better for employees and set out in... Read more

Government LGBT Discrimination Action Plan

Share this...PinterestemailFacebookTwitterLinkedinGovernment Publishes LGBT Action Plan In July 2017, the government launched a national survey of LGBT people. It received more than 108,000 responses which have been published in the form of a research report and a summary report. The survey found that 23% of survey respondents in the 12 months preceding the survey had experienced a negative or mixed... Read more

Sleep in shifts and Minimum Wage

Share this...PinterestemailFacebookTwitterLinkedinIssues with ‘sleep-in’ shifts Payment for sleep-in shifts is an area that can often cause confusion. If you are required to work a number of sleep-in night shifts at your employer’s premises, and be available in case of an emergency, does the full night shift constitute ‘working’ for the purposes of the National Minimum Wage (NMW)? Alternatively, are you... Read more

Sexual Harassment in the Workplace – Report

Share this...PinterestemailFacebookTwitterLinkedinThe Women and Equalities Commission (a parliamentary committee) has produced its report on Sexual Harassment in the Workplace. The report makes the following recommendations ; Employers must have a mandatory duty to protect employees from sexual harassment in the workplace. This can be enforced by the Equality and Human Rights Commission, with failure punished by fines. Public sector employers must have a... Read more

Addison Lee loses their gig economy case

Share this...PinterestemailFacebookTwitterLinkedinIn Addison Lee Ltd. v Gascoigne, the Employment Appeal Tribunal (EAT) has dismissed an appeal by Addison Lee, the London-based minicab and courier company, seeking to challenge an earlier decision regarding employment status. The EAT rejected the view that the contractual documentation between the parties supported a finding of self-employed status, and upheld the findings of the Employment Tribunal.... Read more

Ending sexual harassment at work

Share this...PinterestemailFacebookTwitterLinkedin  The Equalities and Human Rights Commission (EHRC) has raised serious concerns about sexual harassment in the workplace in its new report called Turning the tables: Ending sexual harassment at work. It identifies widespread failures by employers to set out policies on sexual harassment in sufficient detail, support victims, provide for fair and effective grievance processes, ensure complainants will not... Read more

Named and shamed for failure to pay the National Minimum Wage

Share this...PinterestemailFacebookTwitterLinkedin  On 9 March 2018 the Department for Business, Energy and Industrial Strategy named and shamed 179 employers for paying their staff below the National Minimum Wage (NMW). As well as recovering backpay for 9,200 workers, the government also fined the employers a total of £1.3 million in penalties for breaking national minimum wage laws. The most prolific offending... Read more

Bullying at work – your legal rights

Share this...PinterestemailFacebookTwitterLinkedinACAS defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient. Bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority such as a manager or supervisor) or involve groups of people. It may be obvious or... Read more

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