Companies can claim discrimination

Rejecting the contention that protection from discrimination under the Equality Act is limited to individuals, the EAT has held that a company can bring a claim of direct age discrimination.
EAD Solicitors v Abrams

Shared parental leave and pay for grandparents

Working grandparents are to be able to take shared parental leave – but not until 2018 at the earliest.

‘Organised grouping of employees’ can include employees temporarily laid off

A temporary lay off from work immediately before a transfer did not necessarily mean that the employees concerned were no longer an ‘organised grouping of employees’ and could not transfer under TUPE.
Inex Home Improvements Ltd v Hodgkins

HR and employment law news in brief

A round up of some HR and employment law-related stories which have been making the news in the period 18 September to 1 October 2015.

Carrying over holiday from previous years

A worker was not entitled to accrued holiday pay on termination for earlier years when he was not prevented from taking it and did not ask for leave.
Shannon v Rampersad

Pay data: September 2015

Various research organisations have published data on average pay settlements for the three/four months to the end of August 2015 - and there’s still no sign of any upward shift in pay deals.

Victimisation by association

The victimisation provisions in the Equality Act 2010 could extend to claims of discrimination by association.
Thompson v London Central Bus Company Ltd

Enterprise and immigration: two new Bills

Both the Enterprise Bill and the Immigration Bill contain measures which will affect the work of HR professionals.

Health and safety and the self-employed

From 1 October 2015 new regulations exempt self-employed persons whose work activity poses no potential risk to the health and safety of other workers or members of the public from having to comply with certain aspects of health and safety law.

August 2015 inflation data

Consumer Prices Index inflation in the year to August 2015 fell to 0.0%. The detailed figures are as follows:

Travelling time between home and customers for workers with no fixed workplace counts as ‘working time’

Where workers do not have a fixed or habitual place of work, the time spent by them travelling each day between their homes and the premises of the first and last customers designated by their employer constitutes ‘working time’.
Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security

Public sector: recovery of exit payments and payments cap

Public sector employees earning more than £100,000 a year will have to repay exit payments on a pro-rata basis if they return to the same part of the public sector within 12 months. And the government intends to cap the total amount of redundancy and other exit payments that can be made to individuals leaving the public sector to £95,000.
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Thursday, 08 October 2015

Edward Snowden, the CIA and HR

It is a plotline that could almost belong in a movie. Following the Edward Snowden revelations about US surveillance, a plucky student brings a legal case about preventing data being sent to the US. When the student initially loses, following US government intervention and with Facebook and Google ranged against him, he appeals all the way to the European Court of Justice (ECJ), where he wins. Probably a made-for-TV movie or ITV drama, but an entertaining hour or so. But that is exactly what has happened in a recent data protection decision before the ECJ. 

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