Scotland

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

21.08.2015

Levy & McRae Newsbrief: August 2015


Supreme Court grants leave to appeal in case considering reasonable adjustments required under the Equality Act 2010

The Supreme Court has granted leave to appeal in a case to avoid disadvantaging passengers who are wheelchair users.

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Use of rule A19 to retire large numbers of police officers for efficiency reasons was objectively justified

Employment tribunal’s decision is overturned

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Request for an interpreter “if possible” was not unreasonable conduct

The EAT has set aside a costs order against a claimant who requested the presence of an interpreter at a hearing.

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Trade Union Bill to be introduced

The Government is to introduce a Trade Union Bill to impose new restrictions on industrial action ballots.

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Closing the Gender Pay Gap: government launches consultation

The government has launched a consultation on the implementation of gender pay gap reporting for large private and third sector employers under section 78 of the Equality Act 2010.

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Inquiry into court and tribunal fees launched

The House of Commons Justice Select Committee has launched an inquiry into fees and charges in courts and tribunals.

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National Security and ‘Closed Material’ procedure

Can an employment tribunal prevent an employee from giving instructions, from knowing the full gist of the case against him and from disclosure on national security grounds? Yes, held the Court of Appeal.

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Religious discrimination

An employment tribunal has held that the removal of a Muslim’s Quran (Koran) during a locker clearance was not religious discrimination.

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Solicitors negligent for not advising on jurisdiction when dealing with employment contract

The High Court has ruled that solicitors who were advising on the employment contract for the CEO of an Indian Premier League cricket franchise (W) were in breach of their duty of skill and care in not advising on jurisdiction.

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Consultation on Simplifying Tax Treatment of Termination Payments

The government is consulting on simplifying the tax treatment of termination payments.

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Police Federation Pay and Morale Survey 2015

Some of the key findings of the 2015 survey highlight an increase in those reporting low morale from the 2014 survey.

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Two new ACAS guides

ACAS guides on Right to Antenatal and Adoption Appointments and Surrogacy and Guide to Staff Pay published

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Agency workers: EAT considers the scope of the right to be informed of vacancies

The EAT has upheld a tribunal’s decision that the scope of regulation 13, Agency Workers Regulations 2010 is limited to providing agency workers with a right to be informed of vacancies within the end user company.

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Fair dismissal for derogatory comments against employer on Facebook

It did not matter that the misconduct had taken place two years before dismissal or that the employer had been aware of the misconduct throughout that period.

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Three Workplace Focussed Acas Guides Published

Acas has published three new guides which aim to help employers identify, tackle and prevent discrimination in the workplace.

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Directors disqualified for breach of employment legislation

Two recent cases illustrate how disqualification as a director can arise from willful breach of employment legislation.

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Is it the same thing?

Under the equality provisions, workers must not be treated less favourably than an appropriate comparator by being subjected to a detriment because of a protected characteristic (such as disability), or they will have suffered direct discrimination.

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Refusal to allow employee’s choice of companion in disciplinary investigation was breach of implied term of trust and confidence

The High Court has held that a university’s refusal to allow a representative of a professional defence organisation to accompany an employee at an investigation meeting concerning serious allegations of misconduct, was unfair and a breach of the implied term of trust and confidence.

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