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Employment Law Update

Published 20 July 2018

Interim Relief

Does 'likely' (in the context of the threshold for interim relief under s129(1) ERA 1996) simply mean 'more likely than not'?
No, held the EAT in Wollenberg v Global Gaming Ventures.(1)
Under s128 ERA (2), a Claimant can seek an order for interim relief if they present their ET1 within seven days of dismissal and can show that it is 'likely' they will prove, at a full merits hearing, that a protected disclosure was the principal reason for dismissal. If interim relief is granted, a tribunal will order that the contract of employment stay in force for certain purposes, essentially guaranteeing the Claimant receives their salary until determination of the full merits hearing, win or lose.

Danial Barnett: follow the link below to read the full story (3)

Gender pay gap: PwC bans male-only candidate shortlists

Accountancy giant PwC will no longer allow shortlists of candidates for any jobs in the UK that consist only of men as it attempts to close its gender pay gap, the worst among the big four for mean hourly pay.

Women make up 48% of the company’s workforce yet are paid 43.8% less than male colleagues including partners, when bonuses are included.

PwC has said that recruitment was one of the most important areas for addressing gender inequality. It also announced plans to end all-male interview panels and examine how “career defining roles” were awarded.

PwC’s chief people officer Laura Hinton said that ensuring everybody who worked for the firm had access to important career opportunities such as working on big projects or for well-known clients, would be “a real game changer”.

She said the move was part of the firm’s strategy to increase the diversity of its workforce, which included examining the attitude of senior management.

Personnel Today: follow the link below to read the full story (4)

Misconduct does not need to be 'gross' to make dismissal fair

Misconduct does not need to be 'gross' to make dismissal fair

Does 'misconduct' need to be 'gross' to make a dismissal (without prior warnings) fair?
No, held the EAT (5) in Quintiles Commercial v Barongo. (6)
The Claimant worked in pharmaceutical sales. After failing to complete compliance training and missing a compulsory training course, the Claimant was dismissed with notice for 'gross misconduct'. On appeal, the employer re-categorised the misconduct as 'serious', but nonetheless upheld the dismissal. The ET (7) held that the dismissal was unfair, holding that for 'serious' misconduct dismissals, prior warnings are to apply.

Danial Barnett: follow the link below to read the full story (8)

Amazon delivery firms face legal action over workers' rights


GMB union is demanding gig economy drivers get sick pay and national minimum wage

Drivers delivering goods for Amazon are to fight for better employment rights, including sick pay, holiday pay and the national minimum wage.

The GMB union (9) announced on Monday that it is taking legal action on behalf of members working for three delivery firms used by Amazon, arguing that the companies wrongly classed them as self-employed.

A statement from the union, which represents professional drivers, said: “The drivers were required to attend scheduled shifts that were controlled by Amazon, meaning they did not have the flexibility that is integral to being self-employed. In this situation, the couriers were treated like employees in terms of their working hours and the GMB union contends they should be treated as employees in terms of their rights too.”

The case is the latest in a string of gig economy legal disputes challenging what unions say is bogus self-employment among couriers and other drivers. The GMB won a landmark judgment against Uber in 2016 and others, including Deliveroo, Addison Lee and CityLink, are all involved in ongoing legal action.

The case is being handled by solicitors Leigh Day. Partner Nigel Mackay, a specialist in employment and discrimination law, said seven drivers – including two who had been dismissed – were involved in the claim at this stage and he expected that number would grow. 

The Guardian: follow the link below to read the full story (10)

For free employment law advice or if you are affected or want information and support by any of the issues in this article please give us a call. 0333 772 0611

 

References

1.HOUSE et al. - EMPLOYMENT APPEAL TRIBUNAL.pdf [Internet]. [cited 2018 Jul 12]. Available from: https://assets.publishing.service.gov.uk/media/5b15118940f0b634cb3dd736/Mr_A_Wollenberg_v_1__Global_Gaming_Ventures__Leeds__Ltd_2__Mr_A_W_Herd_UKEAT_0053_18_DA.pdf

2.Participation E. Employment Rights Act 1996 [Internet]. [cited 2018 Jul 12]. Available from: https://www.legislation.gov.uk/ukpga/1996/18/section/128

3.Interim Relief [Internet]. [cited 2018 Jul 12]. Available from: https://mailchi.mp/emplawservices/interim-relief?e=6f88b19be3

4.dvvDVV. Gender pay gap: PwC bans male-only candidate shortlists [Internet]. Personnel Today. 2018 [cited 2018 Jul 12]. Available from: https://www.personneltoday.com/hr/pwc-male-only-shortlists-gender-pay-gap/

5.Employment Appeal Tribunal - GOV.UK [Internet]. Available from: https://www.gov.uk/courts-tribunals/employment-appeal-tribunal

6.Quintiles Commercial UK Ltd v Barongo (UNFAIR DISMISSAL - Reasonableness of dismissal) [2018] UKEAT 0255_17_1603 [Internet]. 2018 [cited 2018 Jul 12]. Available from: http://www.bailii.org/uk/cases/UKEAT/2018/0255_17_1603.html

7.Employment Tribunal - GOV.UK [Internet]. Available from: https://www.gov.uk/courts-tribunals/employment-tribunal

8.Misconduct does not need to be “gross” to make dismissal fair [Internet]. [cited 2018 Jul 12]. Available from: https://mailchi.mp/emplawservices/h7fq82vbeq?e=6f88b19be3

9.GMB - Experts in the World of Work [Internet]. [cited 2018 Jul 12]. Available from: https://www.gmb.org.uk/

10.Butler S, Smithers R. Amazon delivery firms face legal action over workers’ rights. The Guardian [Internet]. 2018 Jun 3 [cited 2018 Jul 12]; Available from: http://www.theguardian.com/technology/2018/jun/04/amazon-delivery-firms-face-legal-action-over-workers-rights

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