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Does TUPE catch workers who aren’t employees?

Yes, according to the decision in Dewhurst v Revisecatch & City Sprint. Employment Judge Joffe, sitting alone in the London Central Employment Tribunal, found that an individual who is not an employee but still falls into the category of 'worker' should be viewed as an 'employee' for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE). This means that such 'workers' are afforded the same rights and protections as 'employees' under TUPE.
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Does TUPE catch workers who aren’t employees?

Is ethnic pay gap reporting on the horizon?

The Office for National Statistics (ONS) released an analysis this week of ethnicity pay gaps in the UK using earnings data from the Annual Population Survey. Its findings show that, on average, employees from the Chinese and Indian ethnic groups have consistently earned more than the White British employee since 2012. However, employees in all other ethnic groups consistently earned less, on average, than White British employees.
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Is ethnic pay gap reporting on the horizon?

New report highlights the impact of menopause on working women

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.
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New report highlights the impact of menopause on working women

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?