Confusion over Gender Pay Gap

A YouGov survey has revealed that almost two thirds of the British public are unaware of what the gender pay gap is. The survey of 1,640 adults asked whether they thought the gender pay gap was “women as a whole being paid less on average than men as a whole” or “women being paid less than men for doing the…

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Bereavement Leave – progress

The Parental Bereavement (Leave and Pay) Act 2018 has now received Royal Assent.  This provides a right to two weeks of time away from work to those employees who lose a child under 18.  The detail has yet to be confirmed.  Supporting regulations to deal with the finer detail, including pay arrangements, are expected by early 2020 when the legislation will…

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Changes to National Minimum Wage enforcement in TUPE cases

HMRC has confirmed that with effect from 2 July 2018, where there has been a TUPE transfer of staff from one employer to another, all National Minimum Wage liabilities, including the full penalty amount, is to be applied to the new employer.  Historically, HMRC charged the former employer all or part of such penalties where the failure related to pre-transfer activities. …

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100% of UK employers publish gender pay gap data

According to a press release from the Government Equalities Office, all UK employers in scope of gender pay gap reporting requirements have now published their data. Under regulations that came into force in April 2017, all employers with over 250 employees are required to publish their gender pay gap data.  All 10,000 UK employers that the Government has identified as…

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National Minimum Wage – When does sleep count as work?

In a case that has particular implications for the care sector, the Court of Appeal has held that care workers on sleep-in shifts are only entitled to the National minimum Wage (NMW) when they are required to be awake and actually working, and not for the whole shift (including portions when they are asleep). The case concerned two care workers (Mrs…

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Employment Tribunal Fees – Reimbursement

Following the abolition of Employment Tribunal fees over the summer, the Ministry of Justice and the Courts and Tribunals Service have now launched a fee reimbursement scheme for the repayment of Tribunal fees.  There will be a phased implementation with around 1,000 individuals being invited to apply for refunds first, before the scheme is opened up more generally.  Successful applicants…

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Prime Minister’s letter to EU nationals in the UK

On 19th October Theresa May issued an open letter to EU nationals living in the UK.  The letter is a useful read for EU nationals and anyone who employs them, and provides clearer reassurance than we have seen so far that EU nationals living lawfully in the UK now will be able to stay post Brexit.   She talks about being…

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Disciplinary Investigations – what should go into a report?

In the case of NHS 24 v Pillar (UKEATS/0005/16) the Employment Appeal Tribunal (EAT) held that including previous incidents of unpunished misconduct in an investigation report did not render a dismissal unfair. Ms Pillar, the Claimant in the case, worked for NHS 24. Her role was to speak to callers to a medical helpline, determine the medical priority of the…

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ACAS Guidance on Mental Health

ACAS has produced a comprehensive booklet called “promoting mental health in the workplace”. This guidance contains details of the legal risks associated with this area, as well as more practical measures that can be implemented in the workplace. Shorter guidance on dealing with stress and managing staff experiencing mental illness have also been published. Links to the guidance can be found here:…

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