We recently successfully represented Ferrari Financial Services GMBH in roundly defeating a claim by administrators who sought to interfere with Ferrari’s right to possession of a vehicle worth in the region of £7 Million.
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The Government Equalities Office has told the Treasury Select Committee that it is planning to extend the gender pay gap reporting obligations. The gender pay gap refers to the fact that average pay for men is greater than average pay for women. Since 2017, companies with 250 or more employees must publish their gender pay gap figures.
If employees are underpaid for their holiday, they can bring an unlawful deduction from wages claim. A claim must be submitted within 3 months of the underpayment, or the last in any series of deductions. In the case of Bear Scotland v Fulton, the Employment Appeal Tribunal said that a break of three months or more between deductions will break the series. This significantly limits how far back employees can go, because holidays will often be three months or more apart.
Gareth Farrelly,
solicitor and former professional footballer has been appointed as a Court for Arbitration for Sport (CAS) arbitrator effective from 2019 until 2022.
According to a recent survey of 1000 vegan employees and 1000 employers, almost half of vegan employees have felt discriminated against by their employers. 31 per cent said they had felt harassed at work or treated unfairly due to their veganism. The survey also revealed that almost half of employers did nothing to accommodate their vegan employees. The results suggested that employees were encouraged to keep their views to themselves and to fit in at company functions which had limited menu choices.
PHI provides employees with pay during long term sickness or incapacity. Policies can define incapacity differently. Some policies define it as an employee’s inability to return to their actual job. Some policies define it as an inability to return to any job. Sometimes the courts get involved if the parties don’t agree on the meaning of the policy terms, as was the case in ICTS v Visram.
The holiday season is upon us and the next instalment of the Flowers v East of England Ambulance Trust saga has arrived from the Court of Appeal. The case involves voluntary overtime and whether it should be included when calculating holiday pay. European law says that holiday pay should be based on ‘normal remuneration’. If pay or hours vary, then an employer must look at the previous 12 weeks and pay the average.
Indirect age discrimination is where a policy that is applied to all employees negatively affects people in a certain age group. An indirectly discriminatory policy can be justified if it is a proportionate means of achieving a legitimate aim. A legitimate aim of saving costs, on its own, is not enough to justify a discriminatory policy.
Article by Sean Murphy, Consultant and Director at Evidential Ltd
About Sean Murphy
Educated to degree level in graphic design, Sean started his career working at the Imaging Unit of Greater Manchester Police as an Imaging Analyst.
Some of the high-profile work Sean worked on included million-pound drug operations, football hooligan violence and many different murder cases. Sean also worked on the in-quest into the deaths caused by Dr. Harold Shipman.
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North West law firm Bermans has announced record financial results for the fifth consecutive year, with the firm reporting an increase in turnover of 15% from £5.95M to £6.85M for the financial year ending on 30th June 2019.
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