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No discrimination if dismissal based on religious beliefs of employer

In Gan Menachem Hendon Ltd -v- de Groen,the Employment Appeal Tribunal (EAT) held that dismissing an employee, who refused to lie about living with her boyfriend, from a nursery that ran in accordance with ultra-orthodox Jewish values did not amount to discrimination on the grounds of religion or belief.
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No discrimination if dismissal based on religious beliefs of employer

Supreme Court considers “unfavourable” treatment in relation to disability discrimination

The Supreme Court has found that calculating an employee's pension entitlement based on the employee's part-time salary (where the employee had been prevented from working full-time due to his disability) was not "unfavourable treatment" under the Equality Act. If the employee been able to work full-time he would not have been entitled to immediate payment of his pension.
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Supreme Court considers “unfavourable” treatment in relation to disability discrimination

Government announces measures to tackle sexual harassment at work

Earlier this week the government unveiled measures designed to combat sexual harassment at work. The Women and Equalities Select Committee reported earlier this year that sexual harassment in the workplace is "widespread and commonplace". It recommended that the government put sexual harassment at the top of its agenda, advising that (a) regulators should take a more active role, (b) enforcement processes should be modified to work better for employees and set out in code of practice; and (c) the use of non-disclosure agreements (NDAs) should be reviewed.
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Government announces measures to tackle sexual harassment at work

Part-time workers: hours -v- pay

The Court of Appeal has agreed with the lower courts that a part-time cabin crew member had been treated less favourably than a full-time crew member, because she had to be available for work 53.5% of the year but was only paid 50% of the full-time salary (British Airways plc v Pinaud).
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Part-time workers: hours -v- pay

Can flexible working improve the gender pay gap?

One of the biggest barriers to gender equality and pay parity is a continuing resistance by employers to embrace agile working. A recent joint study from flexible working specialists, Timewise, and Deloitte set out a five step plan to help employers establish and implement new working cultures with the aim of improving pay parity between men and women.
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Can flexible working improve the gender pay gap?

No requirement to enhance pay for shared parental leave

We blogged in June last year about the employment tribunal claim of Ali -v- Capita Customer Management Ltd where Mr Ali was successful in his claim for direct sex discrimination. Female employees at Capita were entitled to 14 weeks’ full pay on maternity leave whereas fathers were only entitled to two weeks’ full pay on paternity and shared parental leave. Mr Ali's wife was advised to return to work early from maternity leave after being diagnosed with post natal depression. Mr Ali asked Capita whether he could take leave instead and was told he could take shared parental leave on statutory pay. The Tribunal found that this was direct sex discrimination.
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No requirement to enhance pay for shared parental leave

GDPR: subject access requests – what’s new?

Do not be complacent, GDPR is making some subtle but important changes to the well-known system for subject access requests under the Data Protection Act 1998 ……
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GDPR: subject access requests – what’s new?

Watch out for ‘post employment notice pay’

At the moment contractual payments in lieu of notice are subject to tax and NIC deductions. In the absence of a contractual right to make a payment in lieu of notice, such a payment is generally regarded as damages for breach of contract, and can be paid without deduction of tax up to the £30,000 threshold.
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Watch out for ‘post employment notice pay’

Surveillance at work

The European Court of Human Rights has found that the covert surveillance of an employee at his or her workplace must be considered to be a considerable intrusion into his or her private life. It entails a recorded and reproducible documentation of a person's conduct at his or her workplace, which he or she, being obliged under the employment contract to perform the work in that place, cannot evade.
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Surveillance at work