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Employment Law: Unfair dismissal
Proselytising is where someone preaches about religion with a view to converting other people to that religion. The Court of Appeal has recently examined when a dismissal for proselytising can be fair.
Employment Law: Parental leave
The 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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Continue ReadingEmployment Law: Disability Discrimination
Discrimination 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.
Employment Law: The Good Work Plan
Following the Taylor Review on Modern Working Practices, the government has proposed changes to employment law. The following changes will take effect from April 2020:
Non-Disclosure Agreements and Employment Contracts
The recent high-profile case against Harvey Weinstein and the treatment of the hostesses at the Presidents Club Dinner have shone a spotlight on the use of non-disclosure agreements in employment contracts and this has led to the Government taking a closer look at them.
Employment Law: Maternity discrimination
An 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.
Employment Law: Final written warnings
An employee can be fairly dismissed for misconduct (rather than gross misconduct) if they already have a final written warning in place. In Beattie v Condorrat, the Employment Appeal Tribunal considered whether a final written warning could be valid if it was given without conducting a full investigation.
Employment Law: Changes to online ‘right to work’ checks
The government has made changes to the Right to Work Checking Service, which enables UK employers to check whether individuals are subject to any restrictions. From 28 January 2019, an employer will be able to rely solely on the online checks, provided the prospective employee can use the service. For employees who are non-EEA residents but have biometric residence permits or cards, and EEA nationals who have been granted status under the EU Settlement Scheme, the online checks will be enough. No additional paper documents are needed. The employer needs to check that the online photograph matches the employee and should keep a copy of the online check for at least two years after employment ends. If the person is a student, the employer must also keep records of the course’s term and vacation dates.
Employment Law: Constructive dismissal
In order to suspend an employee fairly, an employer must have reasonable and proper cause for doing so. If not, suspension could breach the implied term of mutual trust and confidence and create a constructive dismissal. In London Borough of Lambeth v Agoreyo, the Court of Appeal looked at the decision to suspend a teacher and whether it resulted in the employee being constructively dismissed.