Blog - Employment

Section 15 Equality Act 2010

In an arising from claim under S 15 Equality Act 2010 there are two distinct causative issues: 1.Did A treat B unfavourably because of an (identified) “something” and 2. did that “something” arise in consequence of B’s disability.   If the Claimant (B) establishes the above, the Tribunal must them go on to consider the […]

Tags: Employment

COVID 19 UPDATE 6th APRIL 2020

I am afraid the updates in these difficult times keep on coming thick and fast. There has been some further clarification on the furlough scheme. However there are still a number of issues which have not yet been fully addressed such as taking holiday whilst on furlough, sick pay whilst furloughed and TUPE. https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme For […]

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Religious Freedom in the Workplace

Article 9 of the ECHR, which is one of “the Convention rights” set out in Sch. 1 to the Human Rights Act 1998 (“HRA”), provides that:   “(1) Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in […]

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COVID 19 UPDATE – Furlough scheme – 9th APRIL 2020

Two matters to update on the furlough scheme. It has been confirmed that staff who TUPE transferred after 28th February 2020 can be furloughed by the transferee. Staff who are on holiday do not qualify for furlough pay and should be paid by the employer their full pay whilst on holiday. This is important as […]

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Payment for Shared Parental Leave & Maternity Leave

Payment for Shared Parental Leave & Maternity Leave Is it unlawful discrimination on the basis of sex – whether direct, indirect, or because the operation of the sex equality clause implied into all terms of work by the Equality Act 2010 (“the EA”) – for men to be paid less on shared parental leave than […]

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Covid Job Retention Scheme (CJRS) – 14th April 2020

There is a webinar which HMRC are running at the moment on the Covid Job Retention Scheme (CJRS). I have copied the link to a page where you can sign up for the webinar. https://www.gov.uk/guidance/help-and-support-if-your-business-is-affected-by-coronavirus-covid-19 The webinar was informative and I would recommend it to all those who are advising on or considering using the […]

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Holiday Pay & Voluntary Overtime

Holiday Pay & Voluntary Overtime   Article 7 of the Working Time Directive states as follows:   Annual leave   Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such […]

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COVID 19 UPDATE 16th APRIL 2020

COVID 19 UPDATE 16th APRIL 2020 I have set out in full in this blog what is believed to be the final version of the Covid Job Retention Scheme (CJRS). I have not had the opportunity to read it in any detail however it does appear that there are now two key dates 28th February […]

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Non-Disclosure Agreements

Non-Disclosure Agreements   The Women and Equalities Committee have been undertaking an inquiry into the use of non-disclosure agreements in discrimination cases. The Committee reported on 5th June 2019 and there is a link to the full report at the end of this blog post. In the report, MPs condemned the routine cover-up of allegations […]

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COVID 19 UPDATE 29th APRIL 2020

COVID 19 UPDATE 29th APRIL 2020   I have waited a couple of weeks for my next update until the Covid Job Retention Scheme (CJRS) had bedded in. In this blog I am going to look at some of the issues which have been resolved and others which still remain unresolved.   Do you need […]

Tags: Employment