Scotland

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

26.02.2016

Levy & McRae Newsbrief: February 2016

Holiday Pay: Full Lock Decision available

Can domestic legislation be interpreted in a way which conforms to EU law on holiday pay? Yes, held the EAT.

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EAT: appeal documents may not be submitted via Dropbox

EAT guidance makes clear that Dropbox file sharing is not an acceptable means of serving documents when appealing by e-mail.

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Is an express power to layoff subject to an implied term of reasonableness?

EAT examines claim that employee had been constructively dismissed because layoff period had gone on for longer than a 'reasonable' period.

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Gender Pay Reporting

The government has published the draft The Equality Act (Gender Pay Gap Information) Regulations 2016.

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Unlawful Detriment by failing to deal with bullying union member

Failure to formally discipline local Unison officials an act of detriment by the employer? Yes, held the Court of Appeal.

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EAT confirms tribunals’ duty to make adjustments for disabled claimants

The EAT has held that employment tribunals have an ‘undisputed’ duty to make reasonable adjustments to accommodate claimants’ disabilities.

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Disability Discrimination: Meaning of ‘Day to Day’ Activities

Are ‘warehouse operations’ ‘normal day-to-day activities’ for the purposes of disability under the Equality Act 2010? Yes, held the EAT.

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Injury to feelings compensation payment taxable as termination payment

The Upper Tribunal has held that a settlement payment for injury to feelings was taxable as a termination payment under section 401 of the Income Tax (Earnings and Pensions) Act 2003.

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EAT rules on correct approach to comparators in an age discrimination claim

The EAT has addressed the question of comparators in a direct age discrimination case.

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Further early conciliation not required before applying to join new respondent to existing claim

Following a previous decision the EAT has confirmed that it is not necessary for a claimant to go through the early conciliation (EC) process again before applying to amend an existing claim to include a new respondent.

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