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Employment e-briefings

June 2019

Welcome to our Employment e-Briefings. These are articles on particular judgments or upcoming changes to employment law that we feel will be most relevant to our clients and their businesses. If you would like to receive a notification whenever we post a new article then please sign up to our mailing list here. We hope you find these articles useful.

Vanessa Bell

Contents

Supreme Court provides guidance on the “validity principle” and severance in first post-termination restrictive covenant case to reach it in 100 years

In brief The case of Tillman v Egon Zehender [2019] UKSC 32 has now clarified the law in relation to when an unreasonably wide (and potentially unenforceable) provision in a post-termination restrictive covenant can be severed so as to preserve the enforceability of the ... Read more

ECJ rules employers must record working time

The European Court of Justice has confirmed the Advocat General’s opinion in the case of Federación de Servicios de Comisiones Obreras v Deutsche Bank SAE Case C-55/18 14 May 2019 and held that employers must record the time worked by each worker using ... Read more

When can I suspend my employee?

In a world where employers are feeling  increasingly powerless to manage a workforce that is becoming steadily more litigious, the recent Court of Appeal Judgment in the case of Mayor and Burgesses of the London Borough of Lambeth v Agoreyo [2017 EWHC 2019 (QB), ... Read more

April changes - What every employer needs to know!

The month of April hails the usual changes to statutory pay, pension contributions and compensation awards. This briefing note provides definitive guidance in relation to the changes implemented in respect of: National Minimum/Living Wage; Payslips; Pension contributions; Statutory Sick Pay; Tribunal awards and penalties; and Statutory maternity/paternity etc. pay; 1 ... Read more

Anticipated Highlights for 2019: Immigration; Employment Status; and Response to the Taylor Review.

UK Immigration Rule Changes – 2019 In December 2018, the government published a white paper announcing changes to immigration rules and setting down its vision for the future of skills-based immigration and border security post-Brexit.  A summary of the proposals which are of more ... Read more

Adverse weather – it’s snow joke!

As temperatures plummet and snow threatens, employers must be prepared for the inevitable impact travel disruption may have on their workforce and their businesses. This e-briefing examines the key issues for employers, their legal obligations and the steps they can take to minimise ... Read more

Review of 2018

The Christmas sherry and mince pies may be all but a distant memory but before we hoover away the last remnants of tinsel, a final word on the last 12 months.    2018 was an eventful year for employment specialists.  In addition to many other ... Read more

Court of Appeal holds employer vicariously liable for injury sustained during festive ding-dong at post-party knees-up!

At a glance Just as staff are preparing to dust off the tinsel and don their party hats, the Court of Appeal’s decision in Bellman v Northampton Recruitment Limited [2016] EWHC 3104(QB) is a timely reminder that “what happens at the party after-party does ... Read more

Pimlico Plumbers judgment: implications for organisations engaging self-employed contractors

At a glance Over the summer, the Supreme Court handed down its decision in the test case of Pimlico Plumbers Limited and Mullins v Smith [2018], upholding the Employment Tribunal’s decision that Mr Smith’s employment status was as a “worker” and not as a ... Read more

Successful appeal revives employment contract

At a Glance The case of Patel v Folkestone Nursing Home examines whether or not the employment relationship is revived following a successful appeal against dismissal.  In this case, the Court of Appeal held that it can, which meant the Claimant was prevented from bringing ... Read more

Shared parental pay and sex discrimination

At a glance In a judgment handed down on 11 April 2018, the EAT has overturned the Employment Tribunal’s decision in Ali v Capita Customer Management Limited and held that failing to enhance Shared Parental Pay (ShPP) to the same rate as women taking ... Read more

Gender Pay Gap Reporting: the results so far

Under the Equality Act 2010 (Gender Pay Gap Regulations) 2017 (‘the Regulations’), organisations with 250 or more employees are now required to carry out an audit to consider their gender pay gap. Their findings must be reported on an annual basis.  The first ... Read more

When is sleep work?

The National Minimum Wage for sleep-ins for social care providers The issue Sleep-ins are where a worker is present at their workplace, but for part of that time, they may be permitted to sleep. Sleep-ins in the social care sector are very common.  For example, ... Read more

Deliveroo 1 Uber 0

The latest on worker status in the gig economy, and why Uber drivers are workers and Deliveroo riders are not Introduction On 10 November 2017, the Employment Appeal Tribunal published its judgment in Uber BV & others v Aslam & others [2017] UKEAT/0056/17/DA, which concluded ... Read more

Uber Appeal Fails: what next for Uber?

Introduction The Employment Appeal Tribunal has handed down its judgement in Uber’s appeal against last summer's finding in the Employment Tribunal that its drivers are workers. This is the latest victory for those campaigning to ensure that workers in the so-called gig economy have ... Read more

Thriving at Work – the Stevenson/Farmer review of mental health and employers

Background In January 2017 the Prime Minister commissioned Paul Farmer, Chief Executive of Mind, and Lord Dennis Stevenson, former Chairman of HBOS (amongst other things), to undertake an independent review into how employers can better support and promote the mental health of their staff. ... Read more

GDPR and The Data Protection Bill: Putting the puzzle together

Introduction We were all getting used to the idea of the GDPR, and how it would affect us, when Brexit came along and threw considerable uncertainty on what would happen and when. The picture then became more complicated when, in the Summer, the Government ... Read more

Workplace email monitoring: employers must have clear policies in place

Quick Summary:   In this judgment on workplace monitoring, the Grand Chamber of the European Court of Human Rights overturned an earlier judgment by the European Court of Human Rights. The original judgment potentially lowered the bar for employers to monitor the contents of ... Read more

Vanessa Bell

Partner - Head of Employment Law

e vbell@prettys.co.uk

t 01473 298208

Matthew Cole

Employment Partner

e mcole@prettys.co.uk

t 01473 298221

Kelly Sayers

Consultant

e ksayers@prettys.co.uk

t 01473 298291

Emma Loveday-Hill

Senior Associate

e elovedayhill@prettys.co.uk

t 01473 298266

Sheilah Cummins

Associate

e scummins@prettys.co.uk

t 01473 298226

   
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