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A B C D E F G H I J K L M N O P R S T V W Y

Blogs

Last week the Law Society published a press release, saying that it has begun a campaign to change the rules on civil legal aid eligibility.

In summer 2017 the Supreme Court ruled that employment tribunal fees were unlawful because households on low incomes were expected to sacrifice an acceptable standard of living (R (Unison) v Lord Chancellor [2017] UKSC 51), this was a significant victory for Unison, and the Law Society looks to rely on the result.

National Minimum Wage enforcement is in the headlines again as well-known brands and companies have been named and shamed and fined for not paying staff the National Minimum Wage.

As those who attended our Employment Law Updates in late 2017/ early 2018 will know, there is a renewed government focus on employers who are failing to honour National Minimum Wage (NMW) laws. Sir David Metcalf, who heads up HMRC’s NMW enforcement team as Director of Labour Market Enforcement, is promising tougher action.

Following on from our recent blog dealing with a recent Supreme Court authority confirming Litigants in Person have no entitlement to special treatment when it comes to application of procedural rules the Court of Appeal has also made a determination affecting litigants without legal representation.

On the 6 April 2018, pension contributions of employers and employees are to increase, for employees who have not opted out of the auto-enrolment scheme.

Currently, employees and employers are both required to contribute 1% of the employee’s salary to their pension scheme. The next phase of increased contributions will result in the employee contributing 2% of their salary and their employer contributing 3% of the employee’s salary. The contributions are set to increase further in 2019.

From 6 April 2018 a new regime will apply to payments in lieu of notice (PILONs) paid on termination of employment.

The basic pay that an employee would have earned (had they worked their notice in full) will be subject to income tax and NICs.

The £30k tax-free exemption will no longer apply to PILONs, and the tax treatment of such payments will therefore no longer depend on whether a contractual PILON exists.

In Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16, the Supreme Court considered an employment tribunal’s decision that a school had acted reasonably in dismissing a head teacher for failing to disclose her association with an individual convicted of possessing indecent images of children.  

The Facts

In 1998 Ms Reilly met Mr Selwood and they became close friends. In 2003 they bought a property as an investment in their joint names and set up a joint bank account out of which to pay the mortgage instalments.

Organisations often have policies and procedures in place for conducting investigations, whether on matters of health and safety, employment, or other allegations of wrongdoing.  Those investigations will generate documents and there have been several recent cases on the question of whether those documents are disclosable in subsequent litigation.  A recent High Court Judgment gives further guidance on this issue.

Recorder Edge handed down judgment in the County Court at Liverpool On 12th March 2018 in a claim for possession based on anti-social behaviour issued by The Riverside Group Limited (“Riverside”) and heard at trial on 22nd and 23rd January 2018.

The claim for possession was based on Grounds 7A (Absolute ground for possession), 12 (Breach of tenancy), 13 (Property condition) and 14 (Nuisance and anti-social behaviour) of Schedule 2 of the Housing Act 1988.

The General Data Protection Regulation (GDPR) introduces many new obligations and represents a significant regulatory burden for organisations. In one respect however, it had been sold as lifting a key burden.

It’s been on the radar for some time but there is now less than a month to go before educational establishments with 250 or more employees need to publish their gender pay gap information.

The exact deadline for reporting your gender pay gap information will depend upon whether your organisation is classified as a public sector body or a private/ voluntary sector body.

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