Positive outlook for jobs growth

Half of employers are planning to expand their workforce in 2015, with jobs projected to be created in all UK regions, and permanent jobs outstripping temporary work, according to the CBI/Accenture Employment Trends Survey 2014. But the CBI sounds a warning over continuing skills gaps and what it calls ‘new regulation damaging job creation in the flexible labour market’. And competitive pressures and weak productivity will hold down pay increases in 2015.
 
 

Holiday pay back claims to be limited to two years

A two-year limitation on claims for retrospective holiday pay is to be imposed. This move comes in response to an EAT decision that non-guaranteed compulsory overtime must be taken into account when calculating statutory holiday pay. And an alternative route for employees to run breach of contract claims via the county court has effectively been closed off.
 
 

Obesity and disability discrimination

Whilst there’s no general stand-alone principle of European law prohibiting, in itself, discrimination on grounds of obesity (as there is with issues such sex or race), there are conditions under which obesity can amount to a disability. It will only do so, however, where the usual criteria for establishing a disability are satisfied, including being such that the obesity hinders the full and effective participation of the person concerned in professional life on an equal basis with other workers.
Kaltoft v Municipality of Billund
 
 

Employment tribunal fees challenge fails again

Employment tribunal fees are here to stay in their present form, at least for the time being, as Unison’s challenge to their legality has been rejected for a second time by the High Court.
 
 

Twitter and misconduct dismissals

In the first appeal case on the misuse of Twitter by an employee in the context of an unfair dismissal claim, the EAT has declined to provide general guidance on dismissal for social media misuse and stressed that the usual ‘range of reasonable responses’ test applies.
Game Retail Ltd v Laws
 
 

November 2014 inflation data

UK Consumer Prices index inflation fell in the year to November 2014 to 1.0%. The detailed figures are as follows:
 
 

Employment tribunal statistics: July – September 2014

The fourth set of tribunal statistics conform to the pattern established in previous quarters since the introduction of employment tribunal fees in 2013.
 
 

Imposing restrictive covenants part way through employment relationship

An employer’s attempt to enforce post-termination restrictions against a former employee failed because of the way it varied his contract to include the restrictions in the first place – it failed to provide what is called ‘consideration’.
Re-use Collections Ltd v Sendall and May Glass Recycling Ltd
 
 

Fit for Work: qualifying for tax exemption for medical interventions

As part of the introduction of the new Fit for Work scheme (FfW), employers can, from 1 January 2015, benefit from a new tax exemption where they fund recommended medical treatments, of up to £500 per employee per tax year. 
 
 

Depression after withdrawal of office wasn’t reasonably foreseeable

While the employer breached the employee’s contract by withdrawing his post without investigation or allowing him to respond to allegations against him, the employee’s subsequent stress-induced depressive illness was not reasonably foreseeable such so as to make the employer liable in damages for personal injury.
Yapp v Foreign and Commonwealth Office
 
 

USA: hiring and firing


  • Kim Wedral-Rooke from Taylor Vinters considers some key differences between the UK and the USA as regards recruitment and termination issues.
  • The intention is to give a flavour of some of the key issues/practical points which arise in the USA and which are materially different from the UK position.
 
 

Parental payments and SSP from April 2015

The rate of statutory adoption pay, statutory maternity pay, statutory paternity pay, statutory shared parental pay and maternity allowance will increase from £138.18 to £139.58 in April 2015. The standard rate of statutory sick pay (SSP) will increase from £87.55 to £88.45 in April 2015. 
 
 
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Tuesday, 02 December 2014

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