Scotland

General News, Articles and Information from The POA North of the Border:

17.10.2014

Levy & McRae Newsbrief: September 2014

Employment Law update

The Government has announced several proposed changes to employment law. It has also launched a number of consultations on further proposed changes. A round up of these changes is listed below to help people understand them and their potential impact.

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DDA and reasonable adjustments

Was there a failure to make reasonable adjustments in dismissing a health visitor following her conviction for theft, dangerous driving and battery?

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Tribunal did not err when permitting lay representative to withdraw claim

The Court of Appeal has held that a tribunal took adequate steps to ensure that a claimant had taken a properly considered decision to withdraw his claim.

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Construction of Salary Increase clause in contract

Should an assurance of guaranteed incremental pay increases subject to performance contrary to absolute discretion in a written contract bind an employer?

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Tribunal erred in finding that employee with Asperger’s dismissed after criminal conviction suffered discrimination arising from disability

The EAT has overturned a tribunal’s decision that an employee with Asperger’s syndrome, dismissed because of his criminal conviction for covertly recording a colleague in the shower area of shared accommodation, had suffered discrimination arising from disability under the Equality Act 2010.

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Territorial Jurisdiction

Did the employment tribunal have jurisdiction to determine the claims of a US citizen, employed by a US company, paid in dollars but who lived and worked in London for half of his employed time?

http://levymcrae.cmail2.com/t/r-l-mulbo-tjhrkyhuuh-o/levymcrae.cmail2.com/t/r-l-mulbo-tjhrkyhuuh-o/


Time off for dependants: failure to contact employer as soon as reasonably practicable

The EAT has upheld an employment judge’s decision that an employee was not automatically unfairly dismissed for exercising the right to take time off for dependants.

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Itemised pay statements: deduction for overpaid wages should be set out

The EAT has overturned a tribunal’s decision that adjustments on a payslip were not deductions for the purposes of section 8 of the Employment Rights Act.

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Meaning of ‘employee’ within the Equality Act 2010

In Windle & Arada v Secretary of State for Justice the EAT had to consider whether the claimants, when providing their services to the Secretary of State for Justice as interpreters, were employees within the meaning of s.83 (2)(a) Equality Act 2010 and in particular whether, when providing those services, they were employed under a contract personally to do work.

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