Scotland

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

25.02.2015

Levy & McRae Newsbrief: February 2015

Legislation updates

Clauses for a new Scotland Bill published / National Minimum Wage Regulations 2015 laid before Parliament / Small Business, Enterprise and Employment Bill has been republished.

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Unfair dismissal: how tribunals approach dismissals for composite reasons

EAT: Robinson v Combat Stress. In an unfair dismissal case, where the employer’s reason for dismissal is a composite of a number of conclusions about a number of different events, the employment tribunal must examine the whole of that reasoning.

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EAT upholds compensation award for victimisation based on 10% chance of financial loss

The EAT has upheld a tribunal’s award of compensation made to a former employee who had been victimised under the Equality Act 2010 when he was turned down for a new job with his former employer.

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The effect of a post-transfer internal appeal against dismissal

In this case an employee was dismissed for gross misconduct before a TUPE transfer and exercised her contractual right to appeal.

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Industrial action no longer supported by previous ballot

The High Court has granted an interim injunction against a union preventing them from taking industrial action in relation to a ballot that had been carried out 11 months previously.

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BIS survey: majority support for parents sharing childcare equally

BIS published the results of a survey of approximately 2,000 respondents, of which over half were already parents, on attitudes to sharing childcare between couples in the UK.

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Cabinet Office guidance: settlement agreements, special severance payments and confidentiality clauses

The guidance applies to all civil service organisations and includes cases in which public money is being paid to civil servants or non-civil servants employed by government departments or arms length bodies (ALBs).

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Affirmation and Sickness

Does an employee who might claim constructive dismissal affirm the contract by claiming sick pay whilst off sick? Not necessarily, held the EAT in Colomar Mari v Reuters.

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Redundancy: Meaning of ‘Establishment’

Does the EU Collective Redundancies Directive 98/59 require that the numbers of employees dismissed across an employer’s various establishments be aggregated to see if the thresholds for protection under the Directive are met? No, says Advocate General Wahl.

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Unpaid shareholder and director was an employee

The Court of Appeal has upheld a tribunal’s decision that a director and shareholder, who performed part-time work for a company without pay for at least three years, was an “employee” and a “worker” for the purposes of the Employment Rights Act 1996.

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Employer was not entitled to unilaterally change staff handbook terms

The High Court has held that the Department for Transport (DfT) was not entitled to unilaterally change the terms of its staff handbook, which the court found had been incorporated (in part) into its employees’ contracts of employment.

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April 2015 increases to statutory maternity, paternity, adoption and sick pay announced

The Welfare Benefits Up-rating Order 2015 (SI 2015/30) (the order) has been made in accordance with the Welfare Benefits Up-rating Act 2013, which provides for the up-rating of certain social security benefits and payments.

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State Immunity

Is a member of service staff at a foreign diplomatic mission to the UK able to bring proceedings in this jurisdiction against the employing state to assert UK employment rights?

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Indirect Age Discrimination

If an employer introduces contractual changes, can those changes themselves be regarded as a provision, criterion or practice (PCP)? Yes, held the EAT.

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TUPE: Organised Grouping of Employees

Does a single employee constitute an organised grouping for TUPE purposes where he or she has been instructed by the employer to carry out all of the activities necessary to provide the services for the client?

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