Category Archives: management

Be careful what you say when being asked for a verbal reference..

Pnaiser v NHS England and another EAT/0137/15 Withdrawing an offer of employment after receiving a negative verbal reference about someone’s disability is disability discrimination. Background Ms Pnaiser was made redundant from Coventry County Council, as part of her severance agreement it was agreed that she would be provided with a basic reference stating that she “always […]

Asking employees to speak English in the work place, discrimination?

Kelly v Covance Laboratories Ltd UKEAT/0186/15/LA You can insist on employees only speaking English in the workplace. Background Mrs Kelly was employed at Covance Laboratories Ltd. Mrs Kelly’s line manager believed that she was acting suspiciously because she was taking phone calls and speaking in her native Russian tongue. Her line manager asked that she did not […]

No fixed place of work – Travel time within working hours

Federación de Servicios Privados del sindicato Comisiones obreras (CC.OO.) v Tyco Integrated Security SL, and Tyco Integrated Fire & Security Corporation Servicios SA   The European Court of Justice has ruled that where there is not “a fixed or habitual place of work”, time spent travelling to and from work (their first and last customer) will […]

Modern slavery statement required by large employers – Oct 2015

Large employers will have to publish a modern slavery statement for each financial year from October 2015. There will be a requirement to produce a “slavery and human trafficking statement”, setting out the steps taken to ensure no slavery exists in organisations’ supply chains.  The Modern Slavery Act 2015, introduces a variety of changes to UK […]

Disability discrimination:  Association with a disabled person / carer

Truman v Bibby Distribution Ltd ET/2404176/2014 The sudden dismissal of an employee with caring responsibilities who is performing satisfactorily will raise suspicions of associative disability discrimination. Background Mr Truman commenced employment on 14 October 2013. His hours were 8am to 4pm, although he often worked longer hours and had to travel the country. Mr Truman, […]

2014 -5 CIPD Reward survey

The main aim of the CIPD’s research was to provide benchmarking in respect of current and emerging practices and trends in UK reward management.  The key trends are: Top 3 factors influencing factors are: Organisational ability to pay (78%), ‘Going rate’ of competitors’ pay rises (46%), and, Recruitment & retention issues (45%). Base Pay:             The […]

Principle established that voluntary overtime should be included in holiday pay

Patterson v Castlereagh Borough Council [2015] NICA 47 The principle The Northern Ireland Court of Appeal has held that there is no reason in principle why voluntary overtime should not be included in holiday pay, if it is normally carried out and is an “appropriately permanent feature” of the worker’s remuneration. The Court of Appeal […]

Unison challenge to tribunal fees heard by the Court of Appeal

Unison is continuing its challenge to the introduction of tribunal fees by way of a Judicial review. During the hearing (16 & 17 June), it argued that the “dramatic drop” in claims had “no obvious explanation, other than the introduction of fees”. Unison also claimed that the higher fee to issue a discrimination complaint is […]