UK Employment Law Round-up - September 2016

Volume 1, Issue 9

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UK Employment Law Round-up - September 2016

UK Employment Law Round-up - September 2016

Volume 1, Issue 9

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September 29, 2016

In this issue, we look at whether a job applicant can gain protection under the Framework and Equal Treatment Directives if the purpose of the application is to gain the status of someone who can make a claim to gain compensation.

In our case law review, we will also re-visit what constitutes "normal remuneration" when calculating holiday pay and whether a reasonable adjustment for a disabled employee can extend to payment protection.

We provide guidance on how offers of employment should be made to ensure that communication about employment is not misinterpreted by prospective employees.

We also report on the most recent developments regarding the Apprenticeship Levy and the changes to the taxation of termination payments.

Find out more about our team, read our blog and keep up with the latest developments in UK employment law and best practice at our UK Employment Hub – www.ukemploymenthub.com.

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

Showing 1 - 8 of Total Results (8)

ECJ confirms that job applicants are not protected when applying for a job solely to bring a claim

September 29, 2016

In the recent German case of Kratzer v R+V Allgemeine Versicherung AG C-423/15, the European Court of Justice (ECJ) clarified that the protection under the Framework and Equal Treatment Directives (the Directives) does not extend to job applicants where those applicants apply for a job solely to seek compensation, rather than to genuinely gain employment.

Holiday pay – what is "normal remuneration"?

September 29, 2016

It is well established that workers are entitled to their "normal remuneration" during the four weeks of annual leave granted under the Working Time Directive. However, what constitutes "normal remuneration" continues to be a contested area despite the recent developments in case law on the subject.

Individual awarded £3,000 when job offer was withdrawn

September 29, 2016

The recent case of McCann v. Snozone Ltd ET/3402068/2015 demonstrates that verbal job offers can be legally binding and withdrawal of such an offer may constitute a breach of contract.

Is pay protection a reasonable adjustment for an employee who is placed in a reduced role for reasons of disability?

September 29, 2016

Employers are under duty to make reasonable adjustments to help disabled job applicants and employees in certain circumstances. This duty applies where a "provision, criterion or practice" applied by or on behalf an employer puts a disabled employee at a substantial disadvantage when compared to employees who are not disabled.

No SPC where subsidised bus service replaced by commercial venture

September 29, 2016

This month the EAT has revisited TUPE and the issues presented by a change in client. Specifically, it has considered whether TUPE can apply in the form of a service provision change when a subsidised bus service is replaced by a competitor.

Government pushes on with the apprenticeship levy

September 29, 2016

Many businesses are urging the Government to delay implementation of the new apprenticeship levy until the impact on employers, of the recent vote to leave the EU, is better known. However, the Government is pressing ahead with its plans to introduce the levy on 6 April 2017.

HMRC to change taxation of termination payments from April 2018

September 22, 2016

Currently, employees may receive the first £30,000 of any termination payment free of income tax and national insurance contributions (NICs) as long as they are not receiving a payment pursuant to their contract of employment.

In the press this month

September 29, 2016

Dentons' Employment team has had several articles published in key trade publications on this month's topical employment issues. Alex Trotter, associate, wrote an article on whistleblowing and agency workers which was published in HR Magazine. Anjali Raval, associate, wrote an article on what's next for employment law pending the outcome of Brexit negotiations People Management. Virginia Allen, senior associate, wrote an article on shared parental leave pay-to-match schemes which was published in HR-inform.