Monthly Archives: November 2015

Less favourable treatment on its own cannot amount to discrimination

Section 39(2) of the Equality Act 2010 states that an employer cannot discriminate against an employee in any aspect of their employment. This includes terms and conditions, benefits, opportunities for promotion, reasons for dismissal or by subjecting them to any … Continue reading

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A Paris-style attack on a UK workplace: new guidance for Employers

The range of health and safety related legal obligations placed on employers is extensive. Employers have a duty to think about what might cause harm to people and decide whether they are taking reasonable steps to prevent that harm by … Continue reading

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Extending Rights to Workers and Employees on Zero Hours Contracts – Employers Take Note

We previously reported on the ban on exclusivity clauses in zero hours contracts, which was introduced by the Small Business, Enterprise and Employment Act 2015 and came into force in May 2015. In such contracts, any provision which prohibits the worker … Continue reading

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The Identity of the Employer must change for TUPE to apply in corporate restructuring

At the heart of Regulation 3(1) of the Transfer of Undertaking (Protection of Employment) Regulations 2006 (TUPE) is the principle that to qualify as a business transfer, the identity of the employer must change. For instance, TUPE does not apply to … Continue reading

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Discrimination arising from a disability – some welcomed clarity for Employers from the EAT

A recent Judgment handed down by the Employment Appeals Tribunal (EAT), in the case of Monmouthshire County Council v Harris, has confirmed that in claims for discrimination and unfair dismissal arising out of long term sick leave, it is important … Continue reading

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Further update: Caps on Public Sector Exit Payments and the impact for Registered Providers?

In our earlier blog (click here) we raised the issue of whether exit payments would be capped for registered providers under proposed legislation intended to apply to the public sector following the ONS reclassification. DCLG has now confirmed to the … Continue reading

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Capping exit payments for public sector workers

Following on from its decision to recover exit payments from high earners who leave the public sector and then return within 12 months (see here for more detail), the Government has now decided to also go ahead with its further … Continue reading

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