Timing of collective redundancy consultation: the wait for clarity continues

In 2006 Ms Nolan was one of 200 civilian staff made redundant when the US army base on which they worked closed. Nine years on the issue their protective awards for the US government’s alleged failure to consult them properly is still unresolved.
 
 

Dispute over contractual terms can satisfy ‘public interest’ test

An employee may be able to benefit from whistleblowing protection if his or her complaint relates to a contractual matter affecting a group of employees.
Underwood v Wincanton plc
 
 

HR1 and the forgotten (up until now) sanction

Those working in HR will be familiar with Form HR1 – the one used to notify the government that multiple redundancies are on the cards. What they may be less familiar with is the sanction for failing to do so – for the very good reason that it’s hardly ever used. But going forward this may no longer be the case.
 
 

New measures to tackle labour market abuses

A new criminal offence of ‘aggravated labour law breach’ could be on the statute books by 2016. This is one of the recommendations contained in a consultation on Tackling Exploitation in the Labour Market.
 
 

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
 
 

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
 
 

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.
 
 

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
 
 


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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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