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What do we already know? As part of an employer’s obligations to prevent illegal working, there is a requirement to check the right to work of all employees’ original documents in person on or before their first day of work.... Read more
Summary: Do gender critical beliefs, including the belief that sex is binary and irreversible, qualify for protection as a philosophical belief under the Equality Act 2010? Yes, says the EAT in Forstater v CGD Europe available here . Background: To qualify... Read more
A word about employee burn-out You may have noticed an increasing debate about employee burn-out recently, given the relentless impact Covid has had on workforces over the last 16 months. You’ll recall that we closed our office for a week... Read more
Summary: Can a Tribunal consider events after the date of the discriminatory act when deciding whether an employee’s condition is ‘long-term’ for the purposes of disability status? No, held the Court of Appeal in All Answers Ltd v W and Another,... Read more
What do we already know? We updated you in our Issue 2 Newsletter Coronavirus (COVID-19): Vaccinations – Can employers insist? on the issues involved in introducing a mandatory vaccination policy. We advised that in certain circumstances it would be more reasonable to make the vaccine mandatory. In... Read more
Welcome to our fourth Newsletter of the year. Following the lifting of restrictions on 19th July we have mixed emotions about the path ahead. Over the last few weeks most of the Menzies Law team have been subject to a... Read more
Summary: Can TUPE apply following a service provision change (due to a re-tendering) to split the contract of a transferring worker between multiple transferees? Yes, held the Employment Appeal Tribunal (EAT) in McTear Contracts Ltd v Bennett & ors and Mitie... Read more
What do we already know? We updated you in our February 2019 Newsletter Case update (2): Equal pay – Comparators on the Court of Appeal’s decision in Brierley and others v ASDA Stores Ltd that the ASDA store worker claimants were entitled to compare themselves with depot... Read more
Summary: Is a ‘sleep-in shift time work’ for the purposes of the National Minimum Wage Regulations (NMW Regs)? No, and nor can it be ‘work’ in any other sense in the NMW Regs, holds the Supreme Court in Royal Mencap... Read more
What do we already know? As part of an employer’s obligations to prevent illegal working, there is a requirement to check the right to work of all employees’ original documents in person on or before their first day of work.... Read more
What do we already know? We have updated you in previous Newsletters (see here ) that EU citizens and family members who want to continue to live and work in the UK beyond 30 June 2021 will need to apply to... Read more
Summary: Are workers who are denied holiday pay, but take unpaid leave, entitled to a payment in lieu on termination where the claim would otherwise be out of time? No, says the EAT in Smith v Pimlico Plumbers available here .... Read more
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