Fri 16 November, 2018
Personal liability of non-executive Director’s who dismissed a ‘whistleblower’
In the case of Timis & Sage vs Osipov, the Court of Appeal upheld the claim by an ex-CEO who had been dismissed by email after making a Public Interest Disclosure. The Court of Appeal upheld the previous Tribunal decision that both the director who conducted the dismissal and his colleague who had instructed him to do so were personally jointly and severally liable for compensation of just over £2m. The employee could also pursue the employer for a claim Unfair Dismissal.
For more information see: https://www.cliffordchance.com/briefings/2018/11/uk_employment_update-november2018.html
European Court Ruling on Holiday Pay
In the ruling of Wuppertal & Bauer vs Wilmeroth and Brosson on 6 November 2018, the CJEU ruled that the heir’s of workers who died whilst in employment were entitled to financial compensation in lieu of untaken holiday leave.
For details in this case see:
Gig economy workers' rights to be given boost in overhaul
The government is undertaking an overhaul of the ‘gig economy’ which is set to close a number of loopholes which effectively allow temporary workers to be paid less than full-time workers. The changes will follow recommendations made by the former Senior Policy Adviser to Tony Blair, Matthew Taylor in his review commissioned by government last year. The recommendations will include a raft of greater enforcement powers granted to a number of agencies.
For information on the proposed changes go to:
Employment tribunal fees may be resurrected, MoJ confirms
Less than two years after they were abolished by a Supreme Court ruling, the Ministry of Justice has confirmed that it is looking into reinstating Tribunal fees. Although the proposal is still in its infancy, Richard Heaton Permanent Secretary at the Ministry of Justice believes that a fair system is achievable.
For more information on this story go to:
TUC Warns work-stress is a ‘growing epidemic’
Following the Health & Safety Executive Report into work days lost through work-related stress, anxiety and depression, the TUC have warned that the situation in the workplace is now at breaking point and called on the government to take action to remedy the problem.
For more detail on both the TUC comments and the report itself, go to:
Alarm over talks to implant UK employees with microchips
The introduction of microchipping for domestic pets has given countless pet owners peace of mind, but the mere suggestion that employers do the same for their own purposes would seem an utterly ridiculous suggestion, were it not for the fact that it has already become a reality. The UK firm Biotech has stated that they have already fitted 150 such implants. So is this the shape of routine employment practices in the UK for the future? In twenty years time, will chipping become as routine as DBS checking?
For more information on this seemingly Orwellian story made reality go to:
Annual commuting time is up 18 hours compared with a decade ago – finds TUC
As if the thought of being ‘bugged’ by your future employer isn’t enough, a report by the TUC has revealed that across the country most average commute times have actually gone up in the last ten years. Northern Ireland is the exception and London is the worst. To add to that, BME workers commute times are generally even worse.
You can find more information about this issue here:
Trade union goes to High Court for Deliveroo riders’ bargaining rights
The Independent Workers Union of Great Britain (IWGB) have started legal action in the High Court to try to overturn a decision by the Central Arbitration Committee (CAC) who ruled that Deliveroo riders had no rights to Collective Bargaining as they were ‘self-employed’. The IWGB is arguing that the decision breaches Article 11 of the European Convention on Human Rights.
For more information on this story see:
Gender Parity? A year on from #MeToo
It has been an explosive year since allegations against Harvey Weinstein were first made. The focus on the BBC led to disclosures regarding pay in the Corporation. Since then other organizations have been forced to reveal pay details as a requirement of new gender pay gap legislation. But how much has actually changed?
For more information read:
“A reputation built on success”
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