Scotland

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

14.07.2015

Levy & McRae Newsbrief: July 2015

July 2015 Budget: key employment announcements

The Chancellor of the Exchequer, George Osborne, delivered his first Conservative budget on 8 July 2015. This update summarises the key points of interest to employment practitioners.

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Tribunal Procedure: No duty to be inquisitorial

Is it an error of law for an employment tribunal not to adopt a purposive or inquisitorial approach to the evidence before it when determining disability? No, held the EAT.

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Collective Redundancy Consultation - when obligation arises

Can the obligation to consult over collective redundancies be triggered when an employer makes a provisional decision to close a workplace? Yes, held the EAT.

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Indirect discrimination: claimant must establish group disadvantage and why the PCP disadvantaged them individually

The Court of Appeal has given general guidance on how a tribunal should approach the requirement in indirect discrimination claims for claimants to show not only group disadvantage caused by application of a provision, criterion or practice (PCP), but also that this caused their personal disadvantage.

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Disciplinary appeals: appropriateness of manager appointed to hear appeal

It is not uncommon for employees to challenge the appropriateness of the individuals selected to hear their appeal.

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Holiday Pay - Voluntary Overtime

Should employers include voluntary overtime when calculating an employee’s holiday pay? Cautiously, yes, held the Court of Appeal in Northern Ireland.

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Acas publishes new guide that explains leave rights for antenatal and adoption appointments

Workplace experts Acas have published a new free guide to help explain leave rights that are available for antenatal and adoption appointments.

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Employee not under implied duty to disclose allegations of misconduct in absence of express term

The EAT has upheld a tribunal’s decision that an employee was not under an express or implied duty to disclose to his employer allegations of sexual misconduct made against him while working elsewhere.

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Dismissal of Christian employee for expressing negative views on homosexuality was discriminatory (ET)

An employment tribunal has held that a Christian nursery employee was directly and indirectly discriminated against by her employer on the grounds of her religion or belief when it dismissed her for expressing negative views about a colleague’s homosexuality.

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Government publishes the EU Referendum Bill 2015-16

The European Union Referendum Bill 2015-16 had its first reading in the House of Commons on 28 May 2015. The Bill enables the government to hold a referendum no later than December 2017 on whether the UK and Gibraltar should remain in the EU.

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Acas launches new guide for small firms on how to handle staff pay

Workplace experts Acas have launched a new guide for small firms that covers the basics of employment law on staff pay.

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Managing absence and the fit for work service

The “Fit for Work” Service has started operation, and it could be very beneficial for both employers and employees.

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Employers warned not to hire illegal workers

Companies taking on illegal workers risk having their directors banned, the Insolvency Service has warned.

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Acas Early Conciliation: First Year Statistics

Acas has published statistics showing the impact of the first year of Early Conciliation.

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Carrying over Holiday Pay when Sick

Does an employee on sick leave have to show he was unable by reason of illness to take holiday for it to be carried forward and is the right to carry forward unlimited? No and no, held the EAT.

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