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The Court of Appeal has upheld an EAT decision that Asda’s lower-paid, predominantly female retail staff can compare themselves to higher-paid, mainly male, distribution depot staff.
07 February 2019The Court of Appeal (“CA”) decision is the latest stage in this long-running legal dispute over equal pay. Back in 2014, over 7,000 female Asda retail store workers brought claims in the Employment Tribunal (“ET”) arguing that they were entitled to equal pay with male distribution depot staff, on the basis that their work was of “equal value” to male workers.
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Hong Kong MPF updates: Abolition of the offsetting mechanism to take effect on 1 May 2025 and potential increase in mandatory contribution levels
03 May 2023Over the past weeks, there have been some important news on the pension regime in Hong Kong that employers and employees should be mindful of.
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Gender pay gap reporting in Ireland – updated guidance clarifies some (but not all) tricky issues
20 July 2022The gender pay gap reporting regulations in Ireland were published last month. Straight away, a number of issues with interpretation were apparent. The government has now clarified some (but not all) of these.
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Ireland: Disability case update - Supreme Court clarifies the extent of an employer’s duty to provide reasonable accommodation
20 September 2019A recent Supreme Court (SC) decision provides clarification on the legal principles to be applied to the question of what measures of “reasonable accommodation” an employer should consider to enable employees with a disability to participate in the workforce.
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Setting up in Ireland?
28 March 2018Here’s what you need to know about the six key differences between employment law in Ireland and the US
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Apprenticeships: Round-up of recent developments on delivery, hiring bonus and redundancies
28 July 2020Apprentices, employers, training providers and assessment organisations have experienced their fair share of challenges due to the COVID-19 pandemic. The Government’s Department for Education has continued to review the apprenticeships landscape since the early days of lockdown.
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I’m still standing - should employers set up a standing body for collective consultation?
10 March 2021Employers may have to contemplate difficult decisions as they look ahead to the lasting effects of the pandemic, including potentially making redundancies. This article discusses whether now might be an opportune time for employers with no recognised trade union to set up a standing body for collective consultation purposes.
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The ICO fines again – a round-up of direct marketing fines issued by the ICO in 2024
30 May 2024The Information Commissioner’s Office (“ICO”) is responsible for enforcing the Privacy and Electronic Communications Regulations 2003 (“PECR”), which set out the rules for organisations wishing to engage in direct marketing calls, texts or emails. Since April 2023, the ICO has issued more than £2,590,000 in fines against companies responsible for nuisance calls, texts and emails. This serves as a crucial reminder to organisations about the financial consequences they may face following electronic marketing violations. Below is a round-up of fines issued by the ICO in 2024.
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Furlough scheme extended until end of March
05 November 2020The government’s Coronavirus Job Retention Scheme (aka the furlough scheme) has been extended until the end of March 2021. Although this is welcome and will allow for more effective business planning, the new five-month extension may mean some employees will spend an entire year on furlough.
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Self-employed financial support extended until April 2021
12 November 2020The government’s Coronavirus Self-Employment Income Support Scheme has been extended for a further six months, providing two further three-month grants after the expiry of the second grant period.
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Explainability and AI: how can a decision be unpicked at an individual level?
17 January 2024To accompany our article on explainability in AI, we have put together an example illustrating how an employment related decision generated by an algorithm could be explained at an individual – or local – level.
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How can I recover unpaid debts?
03 February 2023Even without a difficult economic landscape, establishing a strategy to recover a debt can make the difference between sitting comfortably and struggling through. It’s important to be aware of the different routes to recovery – and their limitations. Use this overview to understand your options and which option is best for your circumstances.
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Ethnicity pay gap reporting: new legislation looks unlikely after report by Commission on Race and Ethnic Disparities
31 March 2021Ethnicity pay gap reporting should be voluntary, according to a new report published by the Commission on Race and Ethnic Disparities.
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Supreme Court strikes down 'unlawful' immigration policies
18 July 2012In a landmark decision today, the Supreme Court has unanimously ruled that a significant part of the UK Border Agency’s practice and policies for corporate immigration are unlawful because they were not laid before Parliament as required by the Immigration Act 1971. Instead, they were simply set out in governmental “Guidance” documents and other documents external to the Immigration Rules, rendering them unlawful.
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Employment Appeal Tribunal confirms that an employer’s attempt to bypass collective bargaining was unlawful
10 January 2018A recent decision of the Employment Appeal Tribunal (“EAT”) has confirmed that offers made directly by an employer to its employees risk amounting to unlawful attempts to bypass collective bargaining contrary to s145B of the Trade Union and Labour Relations (Consolidation) Act 1992. This was a costly exercise for the employer as they were ordered to pay penalties of more than £400,000.
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Unlawful offers to bypass collective bargaining – narrow scope confirmed
09 September 2021If an employer tells employees who are members of a recognised trade union that it will unilaterally impose new terms, it is not making an “offer” amounting to an unlawful inducement to bypass collective bargaining, the Employment Appeal Tribunal has confirmed. The members’ redress is limited to their rights under contract law, such as to work only “under protest” and sue for breach of contract.
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‘Unjust’ funding ban has stopped me retraining as a paramedic: Lewis Silkin advised on the decision to revoke student finance loans as reported by The Guardian
01 November 2022Lewis Silkin took on this case pro bono and reversed the decision of the Department for Education to revoke the students’ confirmed loans of £37,000.
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Industrial action - summary judgment refused despite union’s ‘improbable’ defence
21 May 2020The High Court has considered a case which the employer, Royal Mail, alleged was a “classic case of unballoted strike action done at the instigation and with support of local officials”. The court refused an application for summary judgment, despite finding the trade union’s defence to be “improbable”.
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Trade union blacklisting – decision on amendment of claims ‘manifestly’ incorrect
02 July 2020The rail operator GTR has succeeded in an appeal against employees being allowed to amend their Employment Tribunal claims to assert trade union blacklisting. The Employment Appeal Tribunal ruled that this was not merely a “re-labelling”, despite the original claims being conceptually and factually related.
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The Hong Kong Court of Appeal affirms employees’ unfettered statutory rights to be paid their entitlements
27 August 2020In this Court of Appeal case of Xu Yi Jun v GF Capital (Hong Kong) Limited (CACV 502 & 577 / 2019), the Court considered whether an employer can withhold a bonus payment after the payment due date for reasons of alleged gross misconduct that had occurred prior to, and whether an employer can offset its unliquidated claim for damages against the bonus in legal proceedings.