New data protection rules approved

Plans for reform of data protection law – the General Data Protection Regulation (GDPR) – have been approved by the European Parliament and will come into effect in 2018.
 
 

A disclosure of ‘information’ may be an allegation as well

To be protected by the whistleblowing provisions in the Employment Rights Act 1996 there must be a disclosure of ‘information’ - but that disclosure may also include allegations.
Kilraine v London Borough of Wandsworth
 
 

Disciplining employee for imposing religious views wasn’t discriminatory

An employer’s decision to discipline a Christian senior manager for imposing her religious views on a Muslim junior employee was neither direct discrimination nor harassment. The tribunal hearing the case had correctly drawn a distinction between instances where religion is the reason for the treatment and where it is merely the context.
Wasteney v East London NHS Foundation Trust
 
 

Imputing knowledge of disability

The dismissal of an employee was not direct disability discrimination as the decision maker did not know that he was disabled. The knowledge of the employer’s OH adviser in relation to the employee’s disability could not be imputed to the decision maker in the disciplinary process. 
Gallop v Newport City Council
 
 

Discontinuing childcare vouchers during maternity leave was not discrimination

An employer did not discriminate when it made it a condition of entry into its childcare voucher scheme that the vouchers, which were provided through salary sacrifice, would be suspended during maternity leave. 
Peninsula Business Services Ltd v Donaldson
 
 

No implied term that lay-off period should be reasonable

There is no implied term of reasonableness regarding the length of a period of lay off.
Craig v Bob Lindfield & Son Ltd
 
 

Employer liable for employee’s violent assault on customer

The Supreme Court has held supermarket Morrisons liable for an assault on a customer by one of its employees.
Mohamud v WM Morrison Supermarkets plc
 
 

Holiday pay and commission payments

The EAT has confirmed that the Working Time Regulations 1998 can be interpreted in a way which conforms to European law on holiday pay – in this instance as it relates to commission payments.
British Gas Trading Ltd v Lock
 
 

Robust risk assessment is central to whether an employer has fulfilled its duty of care

The need for employers proactively to assess risks faced by their staff when at work, and to reduce those risks accordingly, have been emphasised by the Supreme Court. Here the employer of a home carer who fell and broke her wrist in icy conditions was found to have breached both its statutory duty and its common law duty of care.
Kennedy v Cordia (Services) LLP
 
 

Employers revise their pay award predictions downwards

Employers are predicting median pay awards of just 1.2% over the next 12 months according to the CIPD’s Labour Market Outlook, Winter 2015-16, down from the 2% they were forecasting three months ago.
 
 

Employee pay and bonus forecasts for 2016

An insight into what employees - as opposed to their employers - expect as regards their pay and bonuses in 2016.
 
 

The scope of ‘day-to-day activities’

Warehouse work including manually lifting and moving items of up to 25kg is a ‘normal day-to-day activity’ holds the EAT in a reminder that just because activities are carried out at work doesn’t prevent them from being ‘day-to-day activities’ for the purposes of the statutory definition of disability.
Banaszczyk v Booker Ltd
 
 


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Thursday, 04 August 2016

Let’s not be colour blind but colour brave

The aftermath of the Brexit referendum gave rise to a chain of racist and xenophobic incidents. The 57% increase in reports of hate crime following the vote reminds us that we must not become complacent in our continued efforts to achieve equality, inclusion and acceptance for all. Ethnicity and colour are among the most uncomfortable subjects for anyone, including those working in diversity and inclusion, to confront. This discomfort, however, should not and cannot allow us to shy away from discussing big subjects that have a profound impact on society at large and our workplaces. 

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