Dentons - UK Employment Law Round-up

Gender pay gap reporting: Mind the gap

February 24, 2016

Addressing gender inequality in the workplace is at the heart of the government's agenda for 2016, with section 78 of the Equality Act 2010 coming into effect this year. This will make it mandatory for all employers with at least 250 employees to publish information about their gender pay gap, and employers need to be ready for the changes.

Criminal records checks "Arbitrary" and unlawful

February 24, 2016

The High Court has upheld a challenge by way of judicial review to the criminal records disclosure scheme used in England and Wales. It has found the scheme to be "arbitrary" and disproportionate, and it was ruled unlawful, as incompatible with Article 8 of the European Convention on Human Rights.

Injury to feelings compensation: taxable or excepted?

February 24, 2016

In the long-running case of Moorthy, the Upper Tribunal has held that an injury to feelings compensation payment made in connection with a termination of employment was taxable as a termination payment under section 401 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003). In doing so it has upheld the decision of the First-tier Tribunal but, controversially perhaps, disagreed with past decisions of the Employment Appeal Tribunal (EAT).

Early Conciliation and the Employment Tribunal's case management powers: Changes to the respondents

February 24, 2016

The two recent cases set out below highlight the flexible approach that the Employment Appeal Tribunal (EAT) seems to be taking in relation to Early Conciliation (EC) and the Employment Tribunal's (ET) powers to make case management orders at any stage of proceedings. Both cases dealt with situations in which there had been a TUPE transfer of staff.

TUPE: Temporary cessation of Work

February 24, 2016

There is relatively limited case law dealing with a temporary cessation of work in a TUPE context. However, in the case of Mustafa, the Employment Appeal Tribunal (EAT) considered whether there had been a business transfer or service provision change (SPC) under TUPE 2006 where a subcontractor had suspended its operations shortly before the main contract was awarded to a new contractor.