Mr Ali’s employer allowed him just two weeks’ paternity leave on full pay, while offering mothers full pay for 14 weeks (which coincides with the 14-week maternity-leave period guaranteed by the Pregnant Workers Directive). The site is updated almost every day. Terms and conditions, • Employee Benefits SCOTUS Hands Significant Defeat To Both Public Sector Unions And National Labor Movement – In a 5-4 decision on the final day of the 2017-2018 term, the U.S. Supreme Court ruled that the First Amendment prohibits public sector entities from collecting fees from non-union members. This case law has potentially huge implications for employers with large numbers of self-employed staff, particularly those operating in the gig economy. Privacy policy Mr Ali, whose wife had post-natal depression and wished to return to work, could not afford to take leave at this level of pay. We cover all key Employment Appeal Tribunal, High Court, Court of Appeal, Supreme Court decisions, as well as key European cases, in a single source. January 14, 2019. Whistleblowing cases in UK Employment Law: 2018 Summary. In doing so, the Court made clear that protection against dismissal for taking part in trade union activities is not easily set aside. Both this case and the similar case Hextall v Chief Constable of Leicestershire Police are being appealed to the Court of Appeal. Employee Relations People Analytics Change Management Although Employment Tribunals in the UK have power to aggravated damages in particularly egregious cases of discrimination, the power is rarely used and awards are comparatively low compared to the scale of punitive damages capable of being awarded in the US. Kevin McNerney is an employment law barrister at St John’s Buildings Legalization of recreational marijuana. HR professionals involved in discussions with employment lawyers about potential claims should be aware that, if such advice is sought or given for the purpose of effecting something underhand, the usual legal advice privilege protection may not apply. Minarsky v. Susquehanna County (opinion here) is a sexual harassment case.And there’s a lot to discuss. Published: 30th December 2018 Share this article < Back to all articles. Personnel Today has launched a new email newsletter for 2020, focusing on all aspects of diversity and inclusion. 20 December 2018 by Jonathan Metzer. Here, a union rep who was acting in a collective grievance was dismissed after he sought to make representations based on a copy of a page from his manager’s desk diary. HR Consultant Published: 30th December 2018 Share this article < Back to all articles. To ring in the New Year, we highlight the ten most significant developments in Canadian labour and employment law in 2018. Cookies policy The Personnel Today Awards Diversity & Inclusion How to approach pre-termination negotiations about a settlement agreement. In today’s post, we turn to all things case law and give our picks for the top 5 employment law cases of 2018. There are many academic traditions of interdisciplinary enquiry and critique that can be employed to interpret the Indian Supreme Court's record in 2018, it is … Latest UK Employment Law case updates - May 2018. However, this was the key employment status case in 2018. The employer had difficulty in “disentangling” what the claimant could not do and it was suggested that it may have placed undue reliance on a flawed occupational health report. Issues covered: 2018 was another busy year for businesses. This decision suggests that senior staff are more at risk than ever of being found to be acting on behalf of their employers because of the wide ambit of their responsibilities. Contact us To ring in the New Year, we highlight the ten most significant developments in Canadian labour and employment law in 2018. It can be hard to keep up to date with case law developments – it’s all too easy to miss an important decision that could have major implications for employers and employees, which is why we have pulled together some of the most interesting employment cases that have been decided over the last few months. Over the course of the year, there have been numerous landmark employment cases that employers need to be aware of as … (Rooney v. Rock-Tenn Converting Co., No. Privacy policy We keep track of the latest employment law changes so you don't have to. (See, e.g., Redford v. 2018 Employment Law Cases with a Lasting Impact Posted in : HR Updates on 27 November 2018 Victoria Smith Think People. The decision, which looks likely to be appealed to the Supreme Court, was big news in the care sector. Employee Benefits Live, • Occupational Health & Wellbeing Had the hearing been postponed for a couple of weeks, the trade union official she wanted as a companion would have been available. I planned to write about the Third Circuit’s July 3 decision sooner. How to deal with pregnant employees and those on maternity leave in redundancy situation, Podcast: Handling redundancies where maternity rights apply. It is wonderful that this most reminded us that it is important to ensure that the employment policy within a company covers maternity. July 2018: The Top 13 Labor And Employment Law Stories 8.15.18 While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month was no exception. 2018 is already shaping up to be a key year for employment law updates. HR Business Partner When shared parental leave was introduced, one of the biggest concerns was how much employers that enhance maternity pay should pay those on shared parental pay. View the full article today Register to read this article. Here, the employer refused to reschedule the disciplinary hearing of a long-serving employee after it had already been postponed because of her sick leave and holiday. X v Y Ltd is being appealed to the Court of Appeal. Hextall v Chief Constable of Leicestershire Police. Could an employer be liable for a managing director’s random act of violence at a post-Christmas party drinking session, or was there sufficient distance between the employer’s event and the director’s actions? The Court of Appeal accepted that the union rep was unfairly dismissed. Employee Benefits Awards As always, HR professionals had their fair share of employment law cases to keep track of in 2018, but what were the 10 most important judgments in 2018 that every employer should know about? Compensation & Benefits In contrast, shared parental leave was paid at the statutory minimum. 1. The past year has witnessed several UK employment law cases that may have implications for whistleblowers and their employers. We cover all key Employment Appeal Tribunal, High Court, Court of Appeal, Supreme Court decisions, as well as key European cases, in a single source. Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad and another (Court of Appeal). This was a genuine redundancy situation and the employee received a low score under the redundancy selection matrix. © 2011 - 2020 DVV Media International Limited. With several changes already in effect, read on for the latest in UK employment law in 2018, and to find out when more updates will be coming in soon. ... Bank settles case that claimed discrimination against men. RSS feeds Daniel McArthur with wife Amy, who own the family-run Ashers bakery, speak about the "gay cake" case, The 10 most important employment law cases in 2019, Keep track of key employment law cases on appeal, a trade union rep’s right not to be unfairly dismissed for taking part in union activities; and. The Supreme Court has held that where an employment contract is silent on the issue, notice of termination sent by post will be deemed to be received and begin running only once it has come to the attention of the relevant employee and they have either read it or had a reasonable opportunity to do so. The Sash Window Workshop Ltd and another v King, Shannon v Rampersad and another t/a Clifton House Residential Home. In this article, Victoria explores three key cases that have been decided this year. Learning & Development People Analytics The case is important because it casts doubt on previous employment cases that established that employers are entitled to take a dim view of staff with religious views refusing to provide a service when to do so would discriminate. In doing so, the Court unanimously adopted the Ninth Circuit’s reading of the statute when four other Circuits held the opposing position. recent federal and state cases july 4, 2020 OVERVIEW OF THE FIVE TITLES OF THE AMERICANS WITH DISABILITIES ACT January 4, 2020 RECENT TEXAS STATE AND FEDERAL EMPLOYMENT LAW CASES November 5, 2019 Below you'll find our regular round-up of legislation, case updates and helpful guides. This case is … In finding that the employee was unfairly dismissed, the EAT essentially warned employers that this scenario requires them to bear in mind two distinct employment laws. Other key cases in 2018 covered: dismissal for trade union activities; sexual orientation discrimination; inclusion of pregnant workers in collective redundancies; legal advice privilege in tribunals; and enhanced shared parental pay. Plaintiff is an employee of Omni Hotel. In arguably the highest-profile discrimination case of the last decade, the Supreme Court held that the bakery could not have committed direct sexual orientation discrimination as it would have treated other customers, whatever their sexual orientation or association with a particular sexual orientation, in the same way by refusing to fulfil the order. They succeeded in the Employment Appeal Tribunal (EAT) in showing that they are not “self-employed”. The ECJ confirmed the accepted wisdom that a pregnant worker genuinely selected for redundancy for reasons unrelated to her pregnancy can be made redundant. Capita Customer Management Ltd v Ali (EAT). September's top five employment law cases 2 Oct 2018 By PM Editorial People Management runs down the most read tribunals of the last month – from fictional characters to fuel mishaps. Two cases due to be decided by the EAT early in 2018 could change all that. Talent Management Recent Cases Northern Irish ruling could lead to employers facing more holiday pay claims. Search here to identify cases from the Employment Relations Authority since November 2000. Valverde v. Xclusive Staffing, Inc., et al, 2018 WL 4178532 (D. Co., 08/31/2018). Employment Law. The Court provided a useful checklist of questions to be considered in such cases: (1) What was the employer's most recent act/omission which the employee says triggered their resignation? Employee Benefits Awards . Payroll In 2017, the case law died down on what should be included in holiday pay calculations, to the relief of many employers. Legalization of recreational marijuana. Occupational Health HR Director This case highlights that the job is not done for organisations that have been pumping resources into complying with the General Data Protection Regulation (GDPR). A summary of interesting or topical employment cases. The employer in Rock-Tenn is the exemplar employer … This well-publicised case arose after a disgruntled former IT auditor with the company sent the personal data of around 100,000 staff to newspapers and posted the data on a file-sharing website. Cases of interest: ... A summary of interesting or topical employment cases. The Court accepted that the assault arose out of the director’s misuse of his position. Issues covered: This month’s 'In Brief' is a common law catch up. Performance & Engagement Amberber v. IBM Canada Ltd., 2018 ONCA 571 Editors’ note: this blog post is the second post in a two-part series on ten significant decisions of the Indian Supreme Court in 2018, the first can be viewed here.. Issues covered: This month’s 'In Brief' is a common law catch up. The Court of Appeal hears Peninsula on 27 March 2018. An employee who is made redundant while on maternity leave has special rights relating to being offered suitable alternative work. Trends appearing are usually in response to important new case law and legislation, the work of politicians with a particular passion, or in response to global movements. These are likely to be the two highest profile cases: one involving the status of staff in the new world of work created by the gig economy; the other involving the more traditional job of plumber. Talent Management Cases on the difference between “worker” and “self-employed” will continue to come thick and fast in 2018. The case was brought by an employee in Spain whose employer made her redundant while she was pregnant. Good work plan: employer penalties for breaches The government’s ‘Good work plan’, published in December 2018, made a commitment to increase the penalties for employers that repeatedly breach their employment law obligations. It has gone by with worryingly rapid speed. Facts While there have been many recent cases on the employment status of those working in the gig economy, this case reached the Supreme Court and is, therefore, the leading decision on the status of gig economy workers. On the other hand, unfair dismissal legislation means that employers that are thinking about going ahead with the disciplinary hearing must consider the impact of this on the overall fairness of the procedure. Bird & Bird; News Centre; UK Employment Law case updates - March 2018; Print Twitter LinkedIn. … Email Newsletters Employers should remember that UK law goes further than EU law. the potential for employers to dismiss an overzealous union representative whose conduct in seeking to protect union members’ interests appears to constitute misconduct. OH&W subscription terms. Below, we provide a summary of the top 10 Canadian decisions from the last 12 months that we believe Atlantic Canadian employers should be aware of coming into 2019. In both cases, male workers are claiming that their employers discriminated against them because of their sex by denying them the opportunity to take shared parental leave on full pay. Middlebrooks v. Teva Pharmaceuticals USA, Inc., et al, No. The judgment also has an impact on other sectors where staff are allowed to sleep at work until called upon, for example in some emergency services and security roles. Pimlico Plumbers will be first up in the Supreme Court early in 2018. Employers that do not do so risk a sex discrimination claim from men and have to be prepared to justify their policy. The Government’s much-heralded introduction of shared parental leave from April 2015 has been something of a flop. UK law also provides that an employee who is dismissed while pregnant or on maternity leave is entitled to a written statement of reasons for the dismissal, irrespective of length of service and without having to make a request. HR (General) home » blog » recent federal & texas employment law cases of interest Kelly v. St. Luke Cmty. In 2018, the highest profile employment law cases involved the status of “self-employed” individuals who work within the gig economy for the likes of Uber and Deliveroo. OH&W subscriptions There is a fine line between reps doing what they can to benefit members and acting inappropriately in pursuit of their union’s best interests. v. … The 10 most important employment law cases in 2018. 2018 saw a number of developments in employment and labour law. I will advise her to look at the maternity policy within their employment regulations so that she is well-protected. Personnel Today has launched a new email newsletter for 2020, focusing on all aspects of diversity and inclusion. The Supreme Court will begin hearing oral arguments for the 2019-2020 term, and it will tackle big employment law issues starting in the first week of oral arguments. As the year draws to a close we highlight 10 of the most significant employment and equality law cases from 2018: Gig economy and worker status Pimlico Plumbers Ltd v Smith: The SC upheld an ET’s decision that a plumber was a ‘worker’ Jonathan Metzer is the commissioning editor of the UK Human Rights Blog. Removing financial barriers could encourage uptake. The managing director was still acting in his role with the company, having organised, and paid for, staff to continue drinking on the same night as the sanctioned workplace event. In 2018, the highest profile employment law cases involved the status of “self-employed” individuals who work within the gig economy for the likes of Uber and Deliveroo. As well as pressure from the courts, these employers may soon find their hand forced by the Government, with suggestions that legislation may be introduced to draw a clearer distinction between workers and the genuinely self-employed. Employment Law The Court of Appeal endorsed the earlier High Court ruling that there was a sufficient connection between the position in which the IT auditor was employed and his wrongful conduct for Morrisons to be liable. Keep track of key employment law cases on appeal, limitations on claims for historical non-payment of holiday pay in previous UK case law (the EAT previously barring unlawful deductions claims where more than three months have elapsed between successive underpayments of holiday pay); and. The Employment Appeal Tribunal (EAT) acknowledged that, while tribunal disclosure obligations do not normally apply to documents containing legal advice, the email was admissible because it set out “not only an attempted deception of the claimant but also, if persisted in, deception of an employment tribunal in likely and anticipated legal proceedings”. Across Canada, the legalization of recreational cannabis has had a significant impact on employers, requiring them to implement changes to their workplace policies and procedures. The discrimination case concerns the admissibility of an email in which a senior lawyer gave advice to the respondent company about how it could use a redundancy/restructuring programme as a “cloak” to dismiss the claimant. Pimlico Plumbers Ltd and another v Smith (Supreme Court). Change Management Employment Cases Update is the UK's leading index of free to view employment law cases. It was the case of a Housing Loan in Mrs Kikelomo Kola-Fasanu V Prestige Assurance Plc (Unreported suit No: NICN/LA/25/2016, judgement delivered April 25, 2018… 1. 3d 820 (2018)Summary: Employer that requires employees to work minutes off-the-clock on regular basis or as regular feature of … Employee Relations But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/Ellerth defense in the Third Circuit will find it very difficult to obtain summary judgment on any hostile work environment claim.. Employers that have crafted written agreements with their workforce to disguise them as “self-employed” when they are really workers should be reviewing their contracts as a matter of urgency. Here at EmploymentLawHandbook.com, we keep track of employment law changes that take place around the country. Home > Employment law > Cases of Interest Employment New Zealand. LEXIS 962 | 2018 WL 654907 (Tex.App.-Dallas 2018) The Personnel Today Awards 2018 was a whirlwind of statutory changes in the employment law world, which has perhaps overshadowed the judicial developments that have taken place in courts. HR Systems Diversity & Inclusion The case shows how wary employers must be if they are considering taking disciplinary action against a union rep for union-related actions. Across Canada, the legalization of recreational cannabis has had a significant impact on employers, requiring them to implement changes to … Deduction from Wages (Limitation) Regulations 2014, which impose a two-year limitation period on most unlawful deductions from wages claims. Recruitment & Resourcing Re Lower Churchill Transmission Construction Employers' Assn Inc and … Employee Benefits Connect We keep track of the latest employment law changes so you don't have to. The Court of Appeal accepted that the employer was liable for the employee’s injuries. 2018 was another busy year for businesses. In the second important 2018 disability case, Peninsula, the Court of Appeal will consider: does the claimant have to prove that they are actually disabled to claim disability harassment under the Equality Act 2010? Morris v Metrolink RATP Dev Ltd (Court of Appeal). And the law is on workers’ side . This case highlights the tension between: How to negotiate terms and conditions with a trade union. Below, we provide a summary of the top 10 Canadian decisions from the last 12 months that we believe Atlantic Canadian employers should be aware of coming into 2019. The EAT decision was somewhat fact specific and dependent on the claimant’s choice of comparator, but it is important that HR professionals keep track of sex discrimination cases involving enhanced shared parental pay. Health & Safety Whistleblowing cases in UK Employment Law: 2018 Summary. That was the question for the Court of Appeal in this case. He is a barrister at One Crown Office Row. The 10 most important employment law cases in 2018. Contact us Why should HR professionals pay attention to a goods and services discrimination case in which a bakery chain in Northern Ireland, run by Christian owners, refused to bake a cake featuring a message in support of same-sex marriage? Trends appearing are usually in response to important new case law and legislation, the work of politicians with a particular passion, or in response to global movements. And the biggest employment case of 2017 . The past year has witnessed several UK employment law cases that may have implications for whistleblowers and their employers. While Mr Ali’s direct sex discrimination claim was successful at first instance, the EAT overturned the employment tribunal decision. Indeed, the employer was unaware at the time that the employee was pregnant. is not here yet. William Fry analyses challenges, opportunities and trends in employment law for the year 2018 Employment law is constantly evolving and changing. The company riders were seeking statutory benefits including sick pay, national minimum wage and paid holiday. Terms and conditions, • Employee Benefits OH&W subscription terms. Judgments of other jurisdictions may be available from the Employment Court or Judicial Decisions Online. While legal advice is normally privileged and does not have to be disclosed in an employment tribunal, there is an exception that allows legal advice to be admissible if it has the purpose of “effecting iniquity” (ie assisting the employer in committing a wrongdoing). 2:17-cv-00412, 2nd am. Health & Safety People, what employers need to know following the “ gay cake ruling... Another whirlwind year xperthr employment law in 2018 could change all that and changing 2018 Print! Ibm Canada Ltd., 2018 WL 4178532 ( D. Co., 08/31/2018 ) cases Northern Irish could... Is not easily set aside interest: July 2018 and those on maternity leave has special rights relating being... Self-Employed ” publication restriction applies we highlight the ten most significant developments in Canadian labour and employment law for..., see our employment law changes that take place around the country:... a Summary of interesting topical... 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