Employment Law Update September 2019

The latest employment law news and case law.
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Discrimination arising from disability - depression

Discrimination arising from disability happens when an employer treats an employee unfavourably because of something that arises because of their disability (and which cannot be objectively justified). However, an employer will not be liable if they didn’t know the employee was disabled and could not reasonably have been expected to know.

 

Unfair dismissal & re-engagement

If an employee wins their unfair dismissal claim, a tribunal can order compensation. They also have the power to order reinstatement (to the old job) or re-engagement (to a comparable job).

 

Indirect age discrimination

Indirect age discrimination is where a policy that is applied to all employees negatively affects people in a certain age group. An indirectly discriminatory policy can be justified if it is a proportionate means of achieving a legitimate aim. A legitimate aim of saving costs, on its own, is not enough to justify a discriminatory policy.

 

Unfair dismissal and Permanent Health Insurance (PHI)

It is important to be very clear in your wording of any PHI policy, as financial consequences of an unclear policy can be very large as found out by ICTS v Visram case.

 

Discrimination against veganism at work

Veganism looks set to continue its extraordinary growth in popularity. It is worth taking a critical look at your working environment, practices and contracts to ensure any vegans feel accepted and engaged.

 

Underpaid holiday pay

If employees are underpaid for their holiday, they can bring an unlawful deduction from wages claim. A claim must be submitted within 3 months of the underpayment, or the last in any series of deductions.

 

Gender pay gap reporting

The Government Equalities Office has told the Treasury Select Committee that it is planning to extend the gender pay gap reporting obligations. Be sure to keep checking gov.uk for notifications about the public consultation, so you can have your say.

September 2019
Paul Burton
Associate - Head of Employment
Paul is an employment solicitor specialising in both contentious and non-contentious matters.
pburton@frettens.co.uk
01202 499255
Kate Fretten
Partner - Employment
Kate specialises in both contentious and non-contentious employment issues.
kfretten@frettens.co.uk
01202 499255
 

Employer Protection from Tribunals

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