Scotland

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

30.01.2015

Levy & McRae Newsbrief: January 2015

TUPE - Assignment to Organised Grouping of Employees

When are employees assigned to a service changing hands under TUPE? The question is to be determined having regard to the way an organisation is structured and the employee’s contractual duties within it...

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New rules for child performers

Regulations setting out minimum requirements for breaks and maximum working hours for child performers are to be introduced, the Department for Education (DfE) has confirmed.

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Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2014

UK immigration rules already favour native workers over non-EEA through the requirement for each position to undergo a ‘Resident Labour Market Test’ prior to being advertised outside the EEA. Each position must be advertised in the UK for a minimum of 28 days...

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Reasonable adjustments: duty not triggered when employee unfit to return to work

The EAT has held that an employment tribunal was entitled to find that an employer’s duty to make reasonable adjustments was not triggered where a sick employee had not given any sign that she would be returning to work.

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Removal of overnight parking facility for HGV drivers did not trigger workplace closure redundancy

The EAT has upheld a finding that two delivery drivers were unfairly dismissed when their employment was terminated, purportedly by reason of redundancy, following a change to their terms and conditions.

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Unfair dismissal - geographic jurisdiction

Can an employee who returns to Australia, at her own request, but who continues to work for a UK company, bring an unfair dismissal claim? Yes, held the EAT...

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Sickness absence: guidance published on new Fit for Work service

The Department for Work and Pensions has published three guidance notes, for GPs, employers and employees, on the new Fit for Work service (FFW).

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How to decide if obesity is a disability

The latest and most important of a string of cases regarding the controversial issue of whether or not obesity amounts to a disability is the decision of the Court of Justice of the European Union in the Danish case Kaltoft v Municipality of Billund.

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Caste discrimination

Is caste protected under the Equality Act? Sometimes, held the EAT in Chandhok v Tirkey - but only where caste is part of a protected characteristic, usually ethnic origin.

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Looking forward to developments in employment law in 2015

This article discusses expected developments in employment law during 2015. Some of the measures discussed represent settled intentions on the part of the Government; while others, at the time of writing, are only proposals that are yet to be defined or refined.

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Sefton Borough Council v Wainwright [2014] UKEAT/0168/14/LA, EAT

Unfavourable treatment of a pregnant woman which was in breach of her maternity rights under Maternity and Parental Leave Regulations 1999 regulation 10, would give rise to an automatically unfair dismissal...

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Civil partners and same-sex marriage

Following the Marriage (Same Sex Couples) Act 2013 which legalised same-sex marriage in England and Wales as from 29 March 2014, the Marriage and Civil Partnership (Scotland) Act 2014 has come into force allowing same-sex couples in Scotland to marry as from 31 December 2014.

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Was this dismissal fair? Twitter Case.

The Employment Appeal Tribunal (EAT) has gone against the decision of the Employment Tribunal in Games Retail Limited v Laws and has held that there are circumstances in which dismissal relating to misuse of Twitter can be fair.

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Part-time workers: whether work done by comparator was the same or broadly similar

The EAT has upheld an employment judge’s decision that, for the purposes of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551), fee-paid medical members of certain tribunals (FPMMs) were not engaged in the same or broadly similar work as salaried regional medical members (RMMs).

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Legislation sets out new rates of SMP, SSP etc applicable from April 2015 (News, 20 January 2015)

Under the Welfare Benefits Up-rating Order 2015 (1) the rates for Statutory Maternity Pay, Ordinary and Additional Statutory Paternity Pay, Statutory Adoption Pay and Statutory Shared Parental Pay will all increase...

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