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Employment Newsletter

November 2016

Welcome

to the latest edition of our Employment Newsletter. In this issue we have a number of interesting articles, including a consideration of the latest news on Brexit. We provide a summary of everything you need to know about upcoming changes to childcare. We have also included a table of the new National Living Wage rates, which came into effect on 1 October 2016. Our ‘Cases in Brief’, including a quick look at the highly anticipated decision on holiday pay handed down by the Court of Appeal in Lock v British Gas, will give you an overview of recent employment cases, while our ‘News In Brief’ will keep you up to date with any changes in the employment law sector over the last few months.

Our series of webinars has been a huge success and seen a regularly high attendance. Our most recent webinar was on the subject of TUPE. Presented by our own Matthew Cole and with guest speaker Nicola Prince from Beckett Financial Services Limited. The webinar received widespread praise.

We would also be delighted to invite you to our Employment Law Updates breakfast seminar on the 24 November 2016 at Hylands House in Chelmsford. Click here to sign up.

Please feel free to contact us regarding any of the issues raised in these articles or any other query in relation to our services.

Kelly Sayers

Contents

Brexit Update - what have we learnt?

“And let me be absolutely clear: existing workers’ legal rights will continue to be guaranteed in law – and they will continue to be guaranteed as long as I am Prime Minister” (Theresa May, 2 October 2016)   As Brexit continues to rumble on and ... Read more

Upcoming Changes to Childcare

What do the upcoming changes to childcare mean for employers? There are several changes and government consultations underway to do with childcare over the next few years that employers, especially those that offer childcare benefits to their employees, need to be aware of. Tax-Free Childcare ... Read more

Gender Pay Gap Update

On 6 April 2017, the new gender pay gap reporting regulations come into force and companies must begin to calculate their gender pay gap results. Gender pay gap reporting is due to start in April of next year for all private and third sector ... Read more

Equal pay claims hit the private sector—Brierly and others v Asda Stores

  In the case of Brierly and others v Asda Stores, the Employment Tribunal (ET) ruled on the 14 October 2016 that depot workers can be used as a comparison for store workers in equal pay claims as they are employed on common terms.   Background The ... Read more

Disability discrimination—G4S Cash Solutions (UK) Ltd v Powell

Background Under the Equality Act 2010 where an employer’s ‘provision, criterion or practice puts a disabled person at a substantial disadvantage in comparison with those who are not disabled’, and employer must take such steps as it is reasonable to have to take to ... Read more

Contract variation—the junior doctors’ High Court challenge

This recent and highly publicised saga highlights important points for employers to consider.  In particular, the potential challenges posed by contract variation and negotiating new terms where employees feel disenfranchised. More generally, the dispute also emphasises the importance of striking a balance between ... Read more

Inquiry into the rights of workers in the ‘gig economy’

The Commons Select Committee on Business, Energy and Industrial Strategy has launched an inquiry into the so called ‘gig’ economy. The term ‘gig economy’ is, as the US Bureau of Labor Statistics defines it, a workforce characterized by “single project[s] or task[s] for which ... Read more

‘Gig economy’— Aslam and others v Uber B. V.

Just before publication of this newsletter, the Tribunal gave judgment on the 28 October 2016 in the claim against Uber by several of its drivers. It decided that Uber’s drivers are ‘workers’ within the definition of the Employment Rights Act 1996.     Facts and Background Workers ... Read more

Cases in Brief

Holiday Pay —British Gas Trading Ltd v Lock and another [2016] On 7 October 2016, the Court of Appeal handed down its highly anticipated judgment in this pivotal holiday pay case. Whilst the Court had “wavered” in its decision, it concurred with the Employment ... Read more

News in Brief

2016-2018 Key Timeline 1 October 2016 — New National Living Wage and National Minimum Wage rates commenced. March 2017 — Article 50 likely to be invoked by Theresa May to begin the negotiation process of leaving the EU April 2017 — New Gender Pay Gap Reporting ... Read more

Kelly Sayers

Partner - Head of Employment Services

e ksayers@prettys.co.uk

t 01473 298291

 

 

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