Scotland

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

18.11.2015

Levy & McRae Newsbrief: November 2015

Supreme Court ruling in USA v Nolan on collective redundancy consultation

In the long-running case USA v Nolan, the UK Supreme Court has held that the US Government did have collective redundancy consultation obligations.

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Stop treating staff like machines

Workplace stress leads to 11.3 million lost work days in the UK and accounts for 39% of all work-related illness. Although many employers accept that stress is a major problem in their workplace, few have any idea of how to tackle it effectively.

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Fee Remission in Tribunals

HMCTS has made some changes to the fee remission system, removing much of the bureaucracy which made it difficult to claim fee remission.

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Private and public sector to recruit on name-blind basis

Organisations from across the private and public sector are to sign up to the pledge to operate recruitment on a ‘name-blind’ basis to address discrimination.

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Draft Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 published

The government has published the draft Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 which are intended to prevent employers including contractual provisions.

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Government to proceed with British Bill of Rights to replace Human Rights Act 1998

A 12-week consultation is expected to start in November or December 2015 with a view to the new law.

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Adjournments – requirement to give reasons when considering an application to adjourn

Must an Employment Judge demonstrate that the key points have been considered when refusing an adjournment? Yes, held the EAT.

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Indirect Age Discrimination

In an indirect discrimination claim, can an employment tribunal use the burden of proof to fill a gap in the evidence to establish that there was a provision, criterion or practice (PCP)? No, held the EAT.

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Continuity of Employment

Did the employment tribunal’s erroneous view that the presumption of continuity of employment applied vitiate its conclusion? Not in this case, held the EAT.

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Recruiting disabled employees

People with autism, mobility issues or who have a stammer may have skills that can make them real assets to companies — but they are too often ignored by employers, according to the Association of Professional Staffing Companies (APSCo).

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Holiday Pay: When Part-Time Workers Increase Hours

If a part-time worker increases her hours, is her employer obliged to recalculate her entitlement to annual leave retrospectively, even taking into account annual leave already accrued and taken? No, held the ECJ.

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Disparate treatment of employees who were not in “truly parallel circumstances”

The EAT has revisited the guidance found in Hadjioannou v Coral Casinos Ltd [1981] IRLR 352 on when it is appropriate to consider disparity of treatment between employees in similar circumstances.

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Race Discrimination – Detriment

Can the failure to investigate a (groundless) grievance amount to discrimination where the employee has not suffered a detriment? No, held the EAT.

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