The EAT has found that the right to appoint a substitute can still be consistent with employee status, notwithstanding the requirement that the work must be personally performed, if such right is only exercised when an employee is unable to work.
Employment status and the right to substitute
In a recent interview, Robert Jenrick, Exchequer Secretary to the Treasury, has said that companies must do more to keep in touch with women when they are on maternity leave.
Companies must do more to keep in touch with women on maternity leave
A recent poll of MPs indicates that questions are already being raised as to whether the new pay rules go far enough in tackling pay disparity.
Are the new disclosure rules on pay ratios sufficient to combat excessive pay disparity?
The Department for Business, Energy and Industrial Strategy (BEIS) has launched a naming scheme for employers who fail to pay employment tribunal awards. The naming scheme was recommended in 2017 by the Taylor Review of Modern Working Practices. All tribunal awards registered with BEIS on or after 18 December 2018 and over £200 in value are in scope of the scheme. The naming scheme will run alongside the BEIS penalty scheme for unpaid tribunal awards (established in April 2016).
Employers to be named and shamed for non-payment of Employment Tribunal awards
In the week before Christmas, the Department for Business, Energy and Industrial Strategy (BEIS) launched a consultation on the National Minimum Wage (NMW) rules regarding salaried workers and the operation of salary sacrifice schemes. In a letter sent to the British Retail Consortium, business secretary Greg Clark promised to review NMW rules that "unnecessarily burden and penalise" employers after technical breaches have landed several large retailers in trouble. Industry leaders have said it is "essential" that the rules are updated to reflect modern work practices.
National minimum wage: BEIS launches consultation on salaried hours work and salary sacrifice schemes
Under regulations which came into force on 1 January 2019, UK-listed companies with more than 250 UK employees must now publish certain executive pay data in their annual reports.
Executive pay gap rules now in force
The government has announced changes to modernise the "right to work" checks needed to avoid employing illegal workers in the UK. The changes will take effect from 28 January 2019.
Right to work checks- a modernised approach
As you are probably already aware, EU nationals who want to remain in the UK post Brexit will need to apply for residence documentation under the EU Settlement Scheme. Application fees of £65 for adults and £32.50 for children (under the age of 16) will be charged, meaning the cost of applying for a family of four will be close to £200.
EU Settlement Scheme: Possible tax burden where employers pay application fee on behalf of employees
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.
Supreme Court considers “unfavourable” treatment in relation to disability discrimination
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.
Government announces measures to tackle sexual harassment at work
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