UK Employment Law Round-Up - January 2017

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UK Employment Law Round-Up - January 2017

UK Employment Law Round-Up - January 2017

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January 31, 2017

Welcome to the January edition of our employment law round-up. In this edition we reflect on the key developments over the festive period, including an innovative way of trying to defeat the strikes which have affected many customers' journeys on Southern Rail. We look at a new vicarious liability case stemming from a Christmas party fallout. We recap on what you need to know for the forthcoming gender pay gap reporting. In addition, we summarise recent developments in areas including whistleblowing, re-engagement and prospective disability discrimination (stress).

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Download the PDF report to read the complete issue, or read the articles using the links below.

Showing 1 - 9 of Total Results (9)

Gender pay gap: what do you need to do now?

January 31, 2017

On 6 April 2017, the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (Regulations) will to come into force (subject to parliamentary approval). The final version of the Regulations has been published alongside an explanatory memorandum. The first gender pay gap reports will be due by 4 April 2018 (with publication for three years on both the company's website and a central government website).

Innovative attempt to defeat Christmas strikes halted, for now

January 31, 2017

The battle rages on to try to halt the train strikes which have affected so many people over the Christmas period and into the new year. The dispute outlined below between ASLEF and Govia GTR Railway Ltd (GTR), concerning driver operated trains has the potential to expand to other train operators, causing disruption in other areas of the country.

The Christmas party, and the fallout that followed

January 31, 2017

Many will recall the vicarious liability case heard earlier in 2016, involving a petrol station attendant (Mohamud v. WM Morrison Supermarkets plc. [2016] UKSC 11) where it was found on appeal that there was a sufficiently close connection between a vicious assault and the employee's job of attending to customers.

Not practicable to re-engage?

January 31, 2017

In the case of United Lincolnshire Hospitals NHS Foundation Trust v. Farren UKEAT/0198/16, the Employment Appeal Tribunal (EAT) considered re-engagement of a band 5 staff nurse. The Claimant was dismissed for allegedly administering drugs to four patients without prescriptions and failing to adequately record their treatment. The decision was held to be unfair because of a predetermined presumption of guilt.

Difficulties at work resulting in disability?

January 31, 2017

When does stress at work amount to a disability? In the recent cases of Herry v. Dudley Metropolitan Council UKEAT/0100/16 and Herry v. Dudley Metropolitan Council and Governing Body of Hillcrest School UKEAT/0101/16, the EAT provided some clarification.

Uber, CitySprint, Deliveroo… time for change?

January 31, 2017

The negative press around gig economy working has been prevalent over the past few months. Below, we take a look at the most significant developments in case law, including some innovative attempts by one trade union to achieve prompt and cost-effective resolution for its prospective members.

Intertwining allegations and information… the case of the misused password

January 31, 2017

In the case of Eiger Securities LLP v. Korshunova UKEAT/0149/16 the EAT considered what amounted to a protected disclosure when bringing a whistleblowing claim. The Claimant was a sales executive, at Eiger Securities LLP, a broking business, from 1 April 2013. She was dismissed for gross misconduct on 25 July 2014.

Reasonable instruction to move working location?

January 31, 2017

In the case of Kellogg Brown & Root (UK) Ltd v. (1) Fitton UKEAT/0205/16 and (2) Ewer UKEAT/0206/16 the EAT upheld an appeal against a Tribunal's finding that two employees had been dismissed for redundancy when the company purported to use a mobility clause to move their working location, when their office closed.

In the press in this month

January 31, 2017

Dentons' Employment team have been published in key trade publications on this month's topical employment issues. Helena Rozman (associate) wrote an article on unpaid Internships.