UK Employment Hub 

In Baldeh v. Churches Housing Association of Dudley and District Ltd [2019] UKEAT/0290/18, the Employment Appeal Tribunal (EAT) held that, where an employer is unaware of an employee's disability at the time of dismissal but learns about this disability at an appeal hearing, the dismissal may be considered discriminatory.

In Dodic v. Banka Koper and Alta Invest (Case c-194/18) EU:C:2019:385, the ECJ was asked to consider whether the transfer of intangible client investments from one undertaking (which had ceased investment services activity) to another could constitute a transfer of an undertaking for the purposes of the Acquired Rights Directive. It determined that it could in principle, but the question of whether there actually had been such a transfer in this case was remitted to the national court to decide. Banka Koper (Banka) ceased operating as a stock exchange intermediary. Banka transferred these activities (as it was obliged under Slovenian law) to another intermediary, Alta Invest. It was agreed that Banka would work for Alta Invest as a dependent stock exchange intermediary. Banka therefore informed its clients that, as Banka would be ceasing investment services operations, they could transfer their accounts to Alta Invest for free. A large majority of Banka's clients therefore transferred over to Alta Invest. As a result of ceasing these activities, Banka dismissed all its employees in its investment services office. Mr Dodic, who was one of the dismissed employees, claimed that there was a transfer of undertakings and that his employment should have transferred to Alta Invest. The case went all the way to the Slovenian Supreme Court which asked the ECJ to consider whether there had been a transfer of an undertaking even though: • Banka's clients could have transferred their investments to an intermediary other than Alta Invest; and • Banka continued to operate as a dependent stock exchange intermediary and co-operated with Banka. The ECJ found that the transfer of financial instruments from one undertaking to another following the ceasing of the former's business could constitute a transfer of an undertaking for the purposes of the Acquired Rights Directive. This was subject to the usual requirement that it had retained its identity post transfer (i.e. that there was a transfer of clients). This was, however, a matter for the referring national court to decide. The fact that the clients could choose to move their investments elsewhere and that Banka continued to operate as a dependent stock exchange intermediary was irrelevant.

On 25 April 2019, the National Insurance Contributions Bill was introduced to Parliament. The Bill deals with the national insurance contributions (NICs) treatment of termination payments made by employers to employees in connection with the termination of employment.

As we flagged on this blog back in March (post here), a consultation is currently open on implementation of the extension of the IR35 rules on deducting tax and National Insurance contributions at source to medium and large private sector organisations which engage individual contracts via intermediaries.

A new report from the Low Pay Commission has found that the underpayment of workers on statutory minimum wage increased in 2018.

The Select Committee has asked the government to implement its proposed extension of redundancy protections as quickly as possible – and to introduce additional protections.

A new report, commissioned by Health & Her, has highlighted the impact of menopause on women aged between 50 and 64. Almost a third of working women in this age bracket reported having to take time out of their working week as a result of menopause symptoms and many admitted that they have left, or considered leaving, their career because dealing with the symptoms in the workplace is too difficult.

The Supreme Court has granted Morrisons permission to appeal against the Court of Appeal's ruling, which found that the supermarket chain was vicariously liable for a former employee's data breach.

In ICTS (UK) Limited v. Visram UKEAT/0133/18, the Employment Appeal Tribunal (EAT) considered whether an employee's entitlement to long-term disability benefits (LTDB) until his "return to work" meant a return to his old job or to any reasonable alternative. It held that it meant the former.

Sunday 28 April marks 2019's International Workers' Memorial Day (IWMD), where we remember workers who have lost their lives through their employment, and look to the future to ensure and commit to safety at work going forward.