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Big Changes for Private Sector Businesses in IR35

adrian_fryerBack in 2000, legislation was introduced to ensure individuals who operated as independent contractors but who worked like employees, paid broadly the same tax and national insurance contributions as employees. The ‘off-payroll working rules’ are commonly referred to as IR35. With around 900,000 contractors operating in this way, this legislation affected a not insignificant part of the workforce.

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Employment Law: Parental leave

adrian_fryerThe Court of Appeal has decided that it is not discriminatory for an employer to pay men on shared parental leave less than birth mothers on statutory maternity leave. The Court of Appeal looked at the issue in a series of joined cases, including Hextall v Chief Constable of Leicestershire Police. In all the cases, men claimed direct or indirect discrimination for being paid less for shared parental leave than a woman on maternity leave.

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Employment Law: Disability Discrimination

adrian_fryerDiscrimination arising from disability is where an employer treats an employee less favourably because of ‘something’ which results from their disability, and which can’t be justified. The Employment Appeal Tribunal has recently looked at whether it is discriminatory to discipline an employee for failing to follow an instruction they mistakenly think will exacerbate their disability.

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Employment Law: Maternity discrimination

adrian_fryerAn employer discriminates against a woman if they treat her unfavourably because she is taking maternity leave. In SW Yorkshire NHS Trust v Jackson, the employee was on maternity leave when redundancies were announced. She attended a consultation meeting and was put at risk of redundancy. Redeployment information was sent to her work email account which she was not accessing while on maternity leave. She found out about the email, contacted the employer and got the relevant redeployment forms anyway. In reality, she was not disadvantaged by the short delay but she was concerned by it.

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