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GDPR Update
Funders should be well advanced in their preparations for the introduction of the EU General Data Protection Regulation on 25 May 2018.
Continue ReadingGender Pay Gap Reporting
It is only since 1997, that any disparities between the average rates of pay for men and women have been recorded. In 2016, the gap for full time employees was 9.4% in favour of men. One interesting detail to these figures is that the gap develops from the age of 40 onwards. Until this point, men and women have similar pay. One factor which influences this is the time women take out to have children and the figures indicate that the effect of this inequality becomes more marked in their later years. The Equal Pay Act has been in force since 1970 but recent news items have demonstrated that nearly 50 years later equal pay between the sexes has still not been reached. A senior editor for the BBC, Carrie Gracie, recently resigned over what she described as “unlawful pay discrimination”. The BBC is just one organisation which has come under scrutiny over the differing level of salaries it pays to some of its male and female presenters.
Over the last few years the Government has stated its intention to redress this balance. On 6th April 2017, Gender Pay Gap Reporting came into effect for large private and voluntary sector employers, being those with 250 or more employees. On 5th April each year, they must now publish data in relation to their gender pay gap. These obligations include the provision of:
Continue ReadingECJ Guidance on the VAT treatment of Leases
A recent VAT case in the European Court Justice is of considerable interest to motor-vehicle financiers because it blurs the long established distinction between the VAT treatment of lease and hire purchase.
Continue ReadingGDPR – What you need to know
You should all by now be into the final stages of implementing plans for the impending new legislation on GDPR which comes into effect on Friday 25th May 2018.
There has been much written in the media and we are sure you will have been bombarded with information from various providers seeking to offer solutions.
The first thing to remember in all of this is the fundamentals have not really changed. The regulations are a consolidation and update of existing laws. There are some rights which are now requirements but the main difference is that firms need to demonstrate that they are taking steps to protect personal client, employee and supplier data that will avoid the now punitive fines that The Information Commissioner’s Office (ICO) can levy.
Continue ReadingContinuing Duty of Performance of Equipment
A recent case in the High Court contains some interesting comments on the extent to which an obligation to provide equipment on hire of satisfactory quality and/or fit for purpose extends beyond the initial point of delivery.
Continue ReadingCohabitation Agreements – dealing with the fall out
Over the last 20 years, changing social attitudes have led to a shift away from traditional familial relationships towards more informal arrangements. As of November 2017, the unmarried cohabiting couple was the fastest growing type of family in the UK with over 3.3 million cohabiting couples in 2017 in comparison with 1.7 million in 1997 (1). Over a third of cohabiting couples also had dependent children in 2017 (2). Unfortunately, an increasing number of people are taking the decision not to marry without understanding that the relationship between unmarried cohabitants has no legal status in the UK. If the relationship were to break down, there is no body of law upon which the cohabitants can rely for their rights to be protected, unlike when a marriage ends.
Continue ReadingOMG! Emoji!
You know those buttons at places like airports and service stations that customers can press to show that they feel happy, unhappy, or indifferent about the service they have received? Well, it seems that Sports Direct has implemented something similar to discover how staff feel about the working conditions at one of its warehouses.
The organisation has come in for some criticism in recent times, and this idea is reported to be one of a number of measures put in place. According to the Guardian, workers are asked to use a touchpad to select a ‘happy’ or a ‘sad’ emoji. Sad emojis trigger an invitation to discuss the problem.
Continue ReadingLocation, location, location
Aziz v The Freemantle Trust
Ms Aziz was a care worker who had relocated to the Trust’s Dell Field Court site. Issues arose between her and two other workers, and this triggered a period of difficulties, complaints, suspensions, absences and grievances.
The situation was deemed to be dysfunctional, and the Trust decided that Ms Aziz should be moved to another site. She was given three weeks’ notice and confirmation that she would be paid her additional travel expenses in line with the employer’s relocation policy. But Ms Aziz didn’t take up what she said was her employer’s offer to move to a different location. This led to her dismissal for unauthorised absence, failure to engage with the Trust and, ultimately, a fundamental breakdown in trust and confidence.
Continue ReadingMore protection for pregnant workers?
Guisado v Bankia SA
Pregnant workers in the UK are protected by the Equality Act. The legislation makes pregnancy and maternity discrimination unlawful, the relevant period being the start of the worker’s pregnancy to the end of their maternity leave or when they return to work (if earlier).
It is also automatically unfair to dismiss a worker, or to select her for redundancy, when the reason or main reason is connected to her pregnancy or statutory maternity leave. This doesn’t mean that a pregnant woman or a new mum cannot be dismissed, but employers must be careful to ensure that the reason for this is not pregnancy/maternity-related.
Continue ReadingHalf the pay for half the work?
British Airways v Pinaud
People who work part-time are protected from being treated less favourably than their comparable full-time colleagues. The question in Ms Pinaud’s case was whether working more than 50% of full-time hours but not being paid more than 50% of a full-time salary was less favourable treatment.
Ms Pinaud’s part-time working pattern, described as a 50% contract, was 14 days on and 14 days off. Over the course of a year, she was required to be available for 130 days. Compare that with the full-time position, which required workers to be available for 243 days in a year.
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