Contents tagged with Employment Appeal Tribunal

  • Gig Economy – Royal Mail Group Facing legal action from drivers

    Tags: Gig Economy, Royal Mail, Drivers, Supreme Court, Employment Tribunal, Employment Appeal Tribunal, Self-Employed, Worker, National Minimum Wage, DPD

    The trend towards gig economy drivers and contractors demanding employment status rights will continue throughout 2018. This should come as no surprise when you consider the recent report published by parliamentary committees which determined nearly 1.6 million people work for gig-economy giants and find relatively little protection provided under current employment law due to their status. 

    We previously reported on the Uber drivers ongoing battle in August 2016, and the EAT decision in November 2017 if you haven’t been keeping up with our gig economy posts. 

    More recently, in December 2017, couriers at Parcelforce Worldwide commenced legal action against its parent group, Royal Mail Group Ltd, over failure to pay drivers the national minimum wage and holiday pay.& … more

  • LEGAL UPDATE: Failure to Provide Enhanced Share Parental Pay is NOT Sex Discrimination

    Tags: Shared Parental Leave, Shared Parental Pay, Maternity Leave, Paternity Leave, Pregnancy, Employment Tribunal, Employment Appeal Tribunal, Equality Act 2010, Direct Sex Discrimination

    The Employment Appeal Tribunal (“EAT”) has decided that failure to pay a male employee enhanced shared parental pay, in circumstances where it paid enhanced pay to women on maternity leave, was not direct sex discrimination.  

    In the case of Capita Customer Management Ltd v Ali, the EAT overturned the Employment Tribunal’s (“ET”) decision which had found sex discrimination on the basis that the claimant, who was planning to take shared parental leave, was entitled to compare himself with a woman taking maternity leave as they accepted that the main purpose of both types of leave was to care for the child. 

    In this case, female employees were entitled to maternity pay comprising 14 weeks’ basic pay followed by 25 weeks’ statutory … more

  • LEGAL UPDATE: Recent case law on unfair dismissal

    Tags: Unfair Dismissal, Case Law, Employment Appeal Tribunal

    The Supreme Court has unanimously dismissed an appeal brought by a head teacher who was sacked after she failed to disclose her friendship with a convicted sex offender to a local authority.

    In Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 Ms Reilly was the former head teacher of a primary school which was, at the relevant time, maintained by Sandwell.

    Approximately ten years before she became the head teacher of the school, she met a man, Mr Selwood, who became her close friend. They were not, however, in a sexual or romantic relationship. Although Ms Reilly was aware of Mr Selwood’s conviction, she decided not to disclose it to the governing body of the school. 

    In June 2010 Sandwell learnt of Mr Selwood’s conviction, and of Ms Reilly’s … more

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  • Seasonal Workers: Key Contractual Issues for Employers

    Tags: Employment Status, ukemplaw, Seasonal Workers, Contractual Issues, Fixed-term, Pat-time, Casual workers, Agency workers, Young persons, EmploymentLaw

    In sectors such as hospitality, tourism, retail and agriculture, seasonal peaks can bring an influx of work at certain times of the year. A common solution for employers in these sectors is to recruit additional employees during these periods. Below we set out the key contractual considerations for employers to bear in mind when hiring seasonal employees. 

    Fixed-term employees

    An individual recruited to cover seasonal work may be taken on for a limited period of time. A fixed-term contract is therefore often used, with that contract ending on a specific date or on completion of a particular project.

    An individual employed on a fixed-term contract is protected against less favourable treatment compared to permanent employees. For example, if an employer excludes the fixed-term … more

    

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