A workplace brings together different personalities and with that inevitably comes conflict. Unfortunately, conflict in the workplace often means that there are allegations of victimisation, harassment and bullying. Ironically, bullying itself is not contrary to the law but harassment is covered by the Equality Act 2010 if it relates to any of the protected characteristics:…

PERMANENT HEALTH INSURANCE AND AGE DISCRIMINATION In the case of Smith v Gartner UK Limited UKEAT/0279/15/LA the Claimant, Ms Smith, had been employed by her employers, Gartner UK Ltd, since 1989. In 1996 a benefits package, referred to as a “Disability Plan”, was introduced and accepted by the Claimant. The plan included: Life Assurance Private…

CALCULATING HOLIDAY PAY The appeal judgment in the case of British Gas Trading Ltd v Lock & Anor  UKEAT/0189/15/BA is now available. Determining what constitutes a “week’s pay” for the purposes of calculating holiday pay is often straight forward but when you have payments such as non-guaranteed overtime earnings and sales commission the calculations can…

The National Living Wage replaces the National Minimum Wage on the 1st April 2016.  There has been much confusion over the living wage particularly because of the Living Wage Foundation who have been campaigning for a living wage for many years, however their rate is higher than the National Living Wage agreed. With us so…

HAVE A CLEAR DRESS CODE TO AVOID ALLEGATIONS OF SEX DISCRIMINATION AND VICTIMISATION The case of JJ Food Service Limited v Mohamud UKEAT/0310/15/JOJ, should serve as a reminder that employers need to provide clear guidance about many aspects of work life in their manuals, particularly any applicable dress code. Following internal disciplinary proceedings the Claimant…

CHILDCARE VOUCHERS – WHAT HAPPENS DURING MATERNITY LEAVE? Childcare vouchers can be used for both pre-school and before/after-school care (nurseries, child-minders, school out-of-hours clubs) which has been approved/regulated (for example registered with Ofsted in England). They are intended to be used to help primary care-givers return to work and achieve a better family/work balance. Employers…

DISMISSAL FOR EXAGGERATING SICKNESS AND USING COVERT SURVEILLANCE The recent case of Metroline West Ltd v Ajaj UKEAT/0185/15/RN considered whether dismissing an employee could be unfair, despite the fact that the employee had exaggerated their sickness. The Claimant, Mr Ajaj, a bus driver, was injured in February 2014 as a result of slipping on water…