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


Levy & McRae Newsbrief: October 2015

National Minimum Wage increase from 1 October

From 1 October 2015, the adult rate of the National Minimum Wage (NMW) rose by 20p as recommended by the Low Pay Commission (LPC) in March this year.


Working grandparents to share parental leave

Chancellor George Osborne has chosen the Conservative Party conference to announce radical changes to the rules on parental leave which he seems to have adopted from a pre-election Labour proposal.


Contractual matter can satisfy whistle-blowing ‘public interest’ test

In ‘Underwood v Wincanton plc’, the EAT has held that an employee can be protected under the whistleblowing provisions of the Employment Rights Act 1996 for raising a contractual matter that affects a group of employees.


Unfair Dismissal: Allegations of Bad Faith

Do allegations of bad faith have to be put to a dismissing officer in an unfair dismissal case? Yes, if they are central to the employment tribunal’s reasoning, held the EAT...


Regulation of recruitment agencies and further restrictions on overseas recruitment: consultation launched

On 13 October 2015, the government published a new consultation on reform of the legislation which regulates employment agencies and employment businesses.


Time when Sleeping

Case: Shannon v Rampersad & Rampersad T/A Clifton House Residential Home UKEAT/0050/15/LA. Appeal against the dismissal of the claimant’s claims of arrears of pay and holiday pay.


Some-other-substantial-reason dismissal when client refused to have employee on site was fair

An employer fairly dismissed an employee for “some other substantial reason” when the client refused to have her back on its work site, an employment tribunal has held.


Can a limited company bring a claim for discrimination?

Case: EAD Solicitors LLP and ors v Abrams [2015] UKEAT 0054_15_0506. Associative discrimination (i.e. discrimination because of association with a person with a protected characteristic) is a subsidiary form of direct discrimination.


Pension benefit awards can only go back to implementation date of EU laws

The Court of Appeal has this week handed down its long-awaited judgment in the case of Walker v Innospec. This equal treatment claim was brought by a homosexual man who sought to give his husband (previously his civil partner) the same pension rights under his occupational pension scheme that a wife would receive if they were in a heterosexual relationship...


Scottish Government consults on improving diversity of board members and lowering threshold for publishing gender pay gap information and equal pay statements

On 5 October 2015, the Scottish Government published a consultation on improving the diversity of board members and lowering the 150-employee threshold for publishing gender pay gap information and equal pay statements as set out in the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (SI 2012/162).


TUPE – temporary lay-off is no bar to ‘organised grouping of employees’

Does laying-off employees before a transfer mean that they are not ‘assigned’ to an ‘organised grouping of employees’, stopping them from transferring under TUPE in a service provision change? No, held the EAT...


Dismissal for conduct where employee refused to carry out restricted role

An employer’s reason or principal reason for dismissal may be the potentially fair reason of conduct where an employee refuses to follow his employer’s instructions to carry out a demoted role as part of a return to work plan, even if the request to carry out the restricted role amounts to discrimination arising from disability.