News archive: November 2016

  • Posted on November 29, 2016
    In Grange v Abellio London Ltd [2016] UKEAT 0130_16_1611 the Employment Appeal Tribunal (EAT) has held that a claim for failure to provide rest breaks under the Working Time Regulations 1998 can be brought if an employer fails to make provision for breaks, even if no express request is made. Employers must proactively ensure that working arrangements accommodate rest breaks, although workers cannot be forced to take them if they do not wish to.
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    Posted in: Employment
  • Posted on November 28, 2016
    Guidance has been issued by the President of the Employment Tribunals (England and Wales) setting out a new way that parties can settle tribunal claims. The process is free, optional, confidential and impartial. It is hoped that it may shorten and simplify the scope of hearings.
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    Posted in: Employment
  • Posted on November 14, 2016
    The Employment Appeal Tribunal (EAT) has considered whether it is a policy as a whole, or the application of a policy to the individual, which needs to be justified under s.15 Equality Act 2010. Section 15 of the Equality Act 2010 provides that a person discriminates against a disabled person if it treats the disabled person unfavourably because of something arising in consequence of its disability and the treatment cannot be justified as a proportionate means of achieving a legitimate aim.
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    Posted in: Employment
  • Posted on November 2, 2016
    The Court of Appeal has handed down its decision in the case of British Gas v Lock. It says nothing new but is still an important case in relation to the calculation of holiday pay.
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    Posted in: Employment
  • Posted on November 1, 2016
    The London Central Employment Tribunal has held that two of Uber’s drivers are ‘workers’ and not self-employed individuals in the case of Aslam and ors v Uber BV and ors. This is a landmark ruling particularly for individuals working on short-term assignments or temporary work (the so-called ‘gig economy’). There are 30,000 Uber drivers operating in London and 40,000 in the UK who no doubt will be affected by this decision.
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    Posted in: Employment

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