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Claire Maclean

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  • Family friendly rights
  • Flexible working

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.

By Claire Maclean
  • Discrimination
  • Family friendly rights

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.

By Claire Maclean
  • Data protection

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 ……

By Claire Maclean
  • Termination

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.

By Claire Maclean
  • Data protection

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.

By Claire Maclean

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