The House of Commons Women and Equalities Committee has today published its report following its inquiry into the use of non-disclosure agreements (NDAs) in discrimination cases. This follows its report on sexual harassment, to which the Government responded in December 2018 announcing consultation on its own proposals to regulate NDAs (see here); the latest report … Read more
The vexed issue of how to calculate statutory holiday pay (in respect of the 4 weeks’ EU-derived statutory entitlement) has finally been considered by the Court of Appeal in Flowers v East of England Ambulance Trust. While much of the judgment concerns the correct interpretation of the contractual right to holiday pay (which was held to … Read more
The Court of Appeal has ruled that an employer’s failure to enhance shared parental pay in the same way as enhanced maternity pay was not unlawful. The Court considered that a woman on maternity leave was not in comparable circumstances to someone on shared parental leave, as the purpose of maternity leave was to provide … Read more
The ECJ has followed the Opinion of EU Advocate General Pitruzzella in ruling that, under the EU Charter of Fundamental Rights and the EU Working Time Directive, member states must require employers to set up an “objective, reliable and accessible” system for recording the actual number and distribution of hours worked by individual workers each … Read more
A High Court ruling has emphasised the limits to vicarious liability for personal injury suffered at a post-work party and provided guidance on an employer’s duty to carry out a reasonable risk assessment. In Shelbourne v Cancer Research (UK), an employee was seriously injured while dancing at a Christmas party when a visiting scientist, who … Read more
In RE v Praxair MRC SAS the European Court of Justice has ruled that the calculation of compensation payments for dismissal and redeployment of an employee on a full-time contract, who was on part-time parental leave (as permitted under French law), must be carried out on the basis of the full-time salary. Calculating these payments based on … Read more
A worker will only be able to bring a whistleblowing detriment claim against their colleagues working overseas if the relationship between the workers has a sufficiently strong connection with Great Britain and British employment law. In FCO v Bamieh the Court of Appeal has overturned an EAT ruling that it is the strength of the connection between … Read more
In Owen v AMEC Foster Wheeler Energy Ltd, the Court of Appeal has upheld the decision that an employee with multiple disabilities did not suffer direct disability discrimination when an offer of an overseas assignment was withdrawn, given that a medical assessment identified a high risk that he would require medical attention when overseas. The correct … Read more
