Home Five things we learnt in employment law this week

Five things we learnt in employment law this week

The Supreme Court has allowed an employee's appeal for his same-sex partner to receive the same pension benefits as a heterosexual partner would receive (Walker v Innospec Ltd and others). 2. The Court of Appeal has confirmed that a disclosure which is in the private interest of the worker...
The Court of Appeal has confirmed that the 10% Simmons v Castle uplift should be applied to injury to feelings and personal injury awards. (Pereira de Souza v Vinci Construction UK Ltd). 2. The Court of Appeal has held that damages for stigma and loss of future prospects can...
Equal pay claimants performing different work cannot bring a joint equal pay claim on the same claim form.  If claims are based on a different set of facts, they can be struck out on the grounds of irregularity (Farmah & ors v Birmingham City Council & ors, Employment...
Large employers with a January to December financial year are expected to publish their first slavery and human trafficking statements by the end of June. The Government guidance is that organisations can publish the statement alongside any other annual or non-financial reports that they are required to produce. 2....
Employees are not obliged to disclose an intention to compete lawfully with their employer. An Employment Tribunal held that, although there is a general duty to answer questions truthfully, a departing employee is not under a contractual obligation to disclose his own confidential plans to set up in competition...
The Independent Workers Union of Great Britain (IWGB) is representing an individual in a claim against CitySprint which is intended to clarify whether TUPE transfer rules can apply to "workers". 2. A report due to be published this summer suggests that workers on zero hours contracts could be given...
The EAT has refused to exercise its discretion to extend the 42 day time limit for lodging an appeal to the EAT after an appeal was lodged one hour late on the relevant day. The EAT held that no good excuse for the delay had been shown (J...
A job applicant with Asperger's suffered indirect disability discrimination when the prospective employer refused to adjust the format of a multiple choice test in order to accommodate her. (The Government Legal Service v Brookes). 2. The Financial Conduct Authority has published a policy statement on whistleblowing within the UK branches...
The EAT has determined that if a second early conciliation certificate is issued, this has no impact on extending the limitation period for bringing a claim in the Employment Tribunal (Commissioners for HM Revenue and Customers v Garau). 2. The Supreme Court has overturned the Court of Appeal decision that...
An Employment Tribunal has held that an Excel Cycle courier is a worker.  This was the second of four employment status cases in the Employment Tribunal against courier companies (Boxer v Excel Group Services Ltd). 2. The Court of Appeal has held that an Employment Tribunal cannot reject an...