The Supreme Court has ruled that The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 SI 2013/1893 (fees Order) is unlawful under both domestic and EU law because it has the effect of preventing access to justice. Consequently, the Supreme Court has ruled that the Fees Order must be rescinded with immediate effect. All fees paid between 2013 and today's date will have to be refunded, at an estimated cost of £27 million.
The Taylor Review of Modern Working Practices (the Review) was published on 11 July 2017. This is the first of two articles on the Review. The first article tells you what reforms the Review recommends for working practices in the UK.
In our second article of the Taylor Review we consider over 40 of the key proposals made in the Review. We explain when the proposals are likely to be implemented, what they mean for your business and what steps you can take to prepare.
The Court of Appeal has provided welcome guidance on the meaning of the public interest test which was introduced in June 2013 with a view to taking the legislation back to its original purpose of encouraging disclosures to be made in the public interest. Prior to the amendment, there had been concerns amongst practitioners that whistleblowing complains were being used as a means of advancing private dispute about individual employment contracts rather than matters of public concern.
The Parental Bereavement (Pay and Leave) Bill (the Bill) was presented to Parliament on Wednesday 19 July 2017. The Bill seeks to ensure that employed parents who have lost a child receive a minimum of 2 weeks' paid leave to grieve away from the workplace and delivers on the government’s pledge to “enhance rights and protections in the workplace”. Employers will be free to agree to top up the pay, increase the period of leave, or both. The Bill is expected to have a second reading in Parliament on Friday 20 October 2017.
In a landmark ruling in the case of Walker v Innospec, the Supreme Court has held that surviving civil partners and spouses in same sex marriages must be provided with pension death benefits on the same basis as would apply to a marriage between a man and a woman.
In our latest Employment Channel news programme, we consider a recent Employment Tribunal decision that an employer's refusal to match shared parental pay with enhanced maternity pay amounted to sex discrimination. We look at the law and what this ruling means for employers.