Employment e-news

Conducting a risk assessment for breastfeeding mothers

Napthens - May 23rd 2018
Are employers required to carry out a risk assessment for breastfeeding mothers? According to the Equality Act 2010 the answer is yes and failure to do so may amount to direct sex discrimination. But there is an exception to this rule the same act expressly disapplies this protection in the workplace.
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Mental health in the workplace

Napthens - May 23rd 2018
Research suggests that two thirds of us experience a mental health issue within our lifetime, yet mental health is often overlooked within the workplace. Mental Health Awareness Week has taken place this month aimed at raising awareness, especially within the workplace, in order to highlight the impact it has on staff of all ages and in any sector.
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When does notice of termination take effect?

Napthens - May 23rd 2018
The recent case of Newcastle Upon Tyne NHS Foundation Trust v Haywood has confirmed when notice of termination is deemed to take effect when an employer serves notice on an employee, should the contract of employment be silent on the matter. The Supreme Court determined that it must choose between three possibilities.
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Is time spent travelling between home and a temporary workplace working time?

Napthens - April 25th 2018
In a case surrounding working time, the European Free Trade Association (EFTA) Court has recently considered whether the time spent by a police inspector, based at a particular police station, who was travelling to and from temporary workplaces for specific assignments was classed as working time.
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Capita v Ali update

Napthens - April 25th 2018
Last year the Employment Tribunal (ET) found that Mr Ali was entitled to enhanced pay during time off for Shared Parental Leave (SPL), his employer Capita appealed against the ruling which was heard earlier this month in the Employment Appeal Tribunal (EAT). The EAT have upheld the appeal ruling in favour of Capita.
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Calculating holiday pay for those who work irregular hours

Napthens - April 25th 2018
When calculating the holiday pay for those who work irregular hours, should their holiday entitlement be calculated as being 12.07% of their total pay over the year, mirroring their statutory rights or should it be calculated using the methodology set out in the Employment Rights Act 1996?
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