When employment tribunal cases are heard by a full tribunal (an employment judge sitting with two lay members) as is the case in discrimination, whistleblowing and equal pay claims, there is the possibility that a majority judgment can be reached in which the lay members ‘out-vote’ the employment tribunal judge. This happened in the recent case of Miss C L Hampson v CSC Computer Science Limited.
The Supreme Court has recently handed down its judgment in the case of Chief Constable of Police Service of Northern Ireland v Agnew.
The Claimants were police officers and civilian staff working for the police in Northern Ireland. They brought claims for underpayment of holiday pay after having historically received basic pay only during periods of annual leave. The parties agreed that there had been an underpayment and that holiday pay should have been calculated to include periods of compulsory overtime. The issue before the Supreme Court was how far back the Claimants were entitled to go with their claim.
Continue ReadingThe Retained EU Law (Revocation and Reform) Act has now come into force. The Act aims to set-out the road-map for how EU-derived case law and legislation will be used after the supremacy of EU Law in the UK ends on 31 December 2023.
Sophie Robertson
The Employment Relations (Flexible Working) Bill received its Royal Assent on 20 July 2023.
Under this legislation, employees will gain the right to make two flexible working requests in any 12-month period. This is a change from the current position, which limits flexible working requests to one in a 12-month period.
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In the recent case of Greasley-Adams v Royal Mail Group Limited the claimant attempted to argue that he had suffered harassment by reason of conduct which he was not aware of at the time it occurred. He only became aware of the conduct when it was revealed as part of a bullying & harassment investigation against him.
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In the recent case of Higgs v Farmor’s School the claimant was dismissed from her role as a pastoral administrator after putting posts on Facebook which criticised aspects of relationship education in primary schools which she saw as contrary to Biblical teaching. She was dismissed by the respondent on the basis that someone reading the posts might consider that she held homophobic and transphobic views. She claimed direct religion or belief discrimination and harassment. Her claim was unsuccessful in the employment tribunal but her appeal to the Employment Appeal Tribunal was allowed. The EAT, in finding that the tribunal had incorrectly applied the test for direct religion or belief discrimination, set out some helpful guidance on the approach to be taken in such cases:
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The government has announced in a written statement to parliament that it is abandoning the sunset clause in the Retained EU Law (Revocation and Reform) Bill.
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Under new laws which have recently received Royal Assent, parents will receive additional support in relation to neonatal care and additional workplace protection from redundancy during pregnancy and family leave.
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The National Minimum Wage and the National Living Wage rose by 9.7% this April. The burden of wage costs is high, particularly in labour-intensive sectors such as retail. However, the risks of failing to pay national minimum wage are significant. As well as a requirement to reimburse any underpayment there is the possibility of fines of up to £20,000 (and a minimum of £100 for each employee or worker affected, even if the underpayment is worth less) alongside the reputational impact of the government’s policy of ‘naming and shaming’ offenders.
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The legal provisions dealing with workplace harassment in the Equality Act 2010 state that: “A person (A) harasses another (B) if— (a) A engages in unwanted conduct related to a relevant protected characteristic, and (b) the conduct has the purpose or effect of— (i) violating B’s dignity, or (ii) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.” They go on to say that in deciding whether conduct has the effect referred to, each of the following must be taken into account – “(a) the perception of B; (b) the other circumstances of the case; and (c) whether it is reasonable for the conduct to have that effect”.
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