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Employment

References – disciplinary action?

Cases on negligent statements in employment references are few and far between.

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Shared parental pay – discrimination

An employer paid maternity pay at full pay rates, while shared parental pay was merely paid at the (lower) statutory rate.

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Income tax – injury to feelings

A termination payment made to an employee for ‘injury to feelings’ (in respect of age discrimination) is not taxable.

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Worker – Addison Lee

Another gig-economy case has been decided with, in this instance, the EAT deciding that a cycle courier was a ‘worker’ (and so entitled to paid holiday).

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Notice – start date?

Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date.

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Damages – Wrotham Park

For the first time, the Supreme Court has looked at the principles surrounding Wrotham Park damages.

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Disability – occupational health

To what extent can an employer simply follow the advice of an occupational health advisor?
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Fixed-termers – discrimination

The Fixed-Term Employees Regs 2002 prohibit discrimination against employees on fixed-term contracts. 
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Pre-employment checks – reference

Most references from former employees are bland and of little consequence. However, there is one particular pitfall to watch out for, in the context of discrimination.
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Pre-employment checks – criminal records

Many employers will require potential employees to disclose details of unspent convictions. Under GDPR, it seems this practice will have to change.
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