Employment e-news

Can the withdrawal of work result in sex discrimination?

Napthens - October 30th 2017
In the recent case of Ndebele v A Bubble Company Ltd, an employment tribunal considered the question of whether an employer had committed direct sex discrimination when they rejected a female chef’s request to do extra paid work.
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Union launches legal action over redundancies

Napthens - October 30th 2017
In the wake of the collapse of Monarch Airlines, the Union, Unite are launching legal action on behalf of over 1,800 members of staff who were consequently laid off. In August this year the administrators, KPMG, were called in to look at...
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Managing cancer in the workplace

Napthens - October 30th 2017
More than 112,000 people, of working age, are diagnosed with cancer each year. This is in addition to an estimated 700,000 employees currently caring for somebody with cancer in the UK. So what are their rights and how can you help?
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GDPR: Data Breaches

Napthens - October 27th 2017
Companies will readily be aware of the impending implementation date of the General Data Protection Regulations (GDPR), which is due to come into effect in May next year. As a result businesses are understandably concerned about the...
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GDPR: Data Subject Rights

Napthens - October 16th 2017
The GDPR brings a new level of protection to the rights of individuals which organisations will need to consider carefully. A “data subject” is any individual who can be identified or distinguished from another, from personal data held.  Rights of data subjects are intentionally strengthened in the new regulations from being able to restrict certain processing, to being able to receive personal data and transfer it to another controller (which will be known as “data portability”). In this article, we look at some of the key changes to specific rights and how these might influence the way businesses receive, store and transfer personal data.
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GDPR: How to audit the data you hold

Napthens - October 4th 2017
Your first step is to simply understand how the GDPR will affect you, and that means understanding a little bit more about the personal data that you hold. What is personal data? The underlying basis as to what constitutes personal data is...
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The first prosecution for failure to provide a workplace pension scheme

Napthens - September 28th 2017
Since 2012, there has been an obligation on a continuously increasing number of employers to automatically enrol eligible workers into a qualifying pension scheme in accordance with the (Pensions Act 2008). These obligations have been phased in according to the employer’s “staging date” and, by February 2018; all employers will be required to comply, irrespective of the number of their employees.
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British Airways vs. Pinaud

Napthens - September 28th 2017
In the recent case of British Airways vs. Pinaud which was an appeal to the Employment Appeal Tribunal (EAT), the EAT explored the issue of less favourable treatment under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (“the Regulations”).
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Equal pay claims for Asda retail employees

Napthens - September 28th 2017
Earlier this month the Employment Appeal Tribunal (EAT) rejected an appeal by ASDA against an earlier ruling by the Manchester Employment Tribunal, which found in favour of over 15,000 (mostly female) current and former Asda employees. At the Manchester Employment Tribunal, the Claimants were successful in seeking a ruling confirming that they were entitled to compare their jobs in Asda’s retail stores with those who work in Asda’s distribution centres for the purposes of an equal pay claim, which the EAT agreed with.
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BAE Systems (Operations) Ltd vs. Konczak

Napthens - August 24th 2017
Can a single comment lead to a successful disability discrimination claim? Yes, according to the Court of Appeal in BAE Systems (Operations) LTD vs. Konczak. Ms Konczak, worked for BAE between 1998 and 23rd July 2007, when she was dismissed. She was employed within the liaison team working alongside the Royal Saudi Air Force, after a change in personnel; she claimed that she was subject to bullying and harassment.
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Case Law: Gascoigne vs. Addison Lee

Napthens - August 24th 2017
In another ruling about the status of independent contractors in the so called “gig economy”, a cycle courier was found to be a worker. This follows on from similar findings in the cases brought against Uber, City Sprint and others. Mr Gascoigne worked as a cycle courier for Addison Lee from 2008 to 2017, upon leaving Addison Lee he made a claim for unpaid holidays.
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Government suspends back-pay action against social care charities

Napthens - August 24th 2017
Following three employment tribunal cases in 2015, 2016 and most recently in April this year. The Employment Appeal Tribunal has ruled that care workers should be paid the National Minimum Wage (NMW), for “sleep-ins”. This comes after the BEIS originally recommended paying care workers, a reduced pay of at least £25, per sleep in shift. Although in October 2016, this guidance changed to paying NMW, during the same time period.
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GDPR Overview

Napthens - August 17th 2017
By way of a high level overview the GDPR will focus on whether organisations are practically compliant and the rights and obligations it presents.
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12 steps to GDPR

Napthens - August 17th 2017
We recommend you assess your business under the ICO’s “Preparing for the General Data Protection Regulations (GDPR): 12 steps to take now.” Read more from employment partner, Kimberley St. Vall who has summarised the ICO's 12 steps and commented on them.
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30th July is World Day against Trafficking in Persons

Napthens - July 27th 2017
According to the International Labour Organisation, it is understood that approximately 21 million people are victims of modern day slavery, including men, women and children across the globe. As you may be aware, human trafficking can take various forms, including the transfer, harbouring, transportation and recruitment of persons for the purposes of forced labour or commercial sexual exploitation. Every country is affected by trafficking and therefore it is paramount that globally people come together to stand up against this.
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Is an employee’s dismissal fair if the employer has failed to call witness evidence of the appeal stage at the hearing?

Napthens - July 27th 2017
Overview Following the case of Elmore v The Governors of Darland High School and another UKEAT/0209/16, the EAT were tasked with assessing whether a dismissal could be construed as unfair if an employer had failed to call witness evidence of the appeal stage at the hearing.
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