Employment news and case law

20 October, 2021

Bill extending entitlement to parental bereavement leave and pay to parents of miscarried or stillborn babies receives first reading in House of Commons

Miscarriage 'is not an illness, and it is time the law stopped treating it like one', says Sarah Owen MP

20 October, 2021

Bill providing right to statutory paid leave for workers who are victims/survivors of domestic abuse in Northern Ireland receives first reading

Domestic Abuse (Safe Leave) Bill includes provision for at least 10 days leave in each leave year as a 'day one' right

19 October, 2021

Court of Appeal rules that moped delivery rider was a ‘worker’ as they did not have a sufficient right of substitution to remove obligation to perform work personally for delivery company

Stuart Delivery Ltd v Augustine [2021] EWCA Civ 1514

18 October, 2021

DWP confirms pilot of reasonable adjustments ‘passport’ to maintain record of workplace adjustments to support disabled workers

Work and Pensions Minister says pilot will help determine whether the passport reduces need for assessments where disabled person’s needs stay the same

18 October, 2021

Supreme Court rules that requirement for applicant to Employment Tribunal in Scotland to raise separate court action to freeze employer’s bank account is not contrary to EU law

Anwar (Appellant) v The Advocate General for Scotland (representing the Secretary of State for Business, Energy and Industrial Strategy) (Respondent) (Scotland) [2021] UKSC 44

11 October, 2021

Scottish Government to invest £200 million in adult upskilling and retraining opportunities as part of Covid-19 recovery strategy

Funding to focus on workers in areas of economy particularly impacted by pandemic and the transition to Net Zero

4 October, 2021

Labour Party publishes employment rights green paper outlining raft of measures to increase and strengthen workers’ rights

Party's Deputy Leader and Shadow Secretary for the Future of Work also tells conference delegates that new rights, including day one entitlement to sick pay and the banning of zero hours contracts, will be signed into law ‘within first 100 days of coming into office'

27 September, 2021

Employment case law round up

24 September, 2021

Government to introduce legislation making it illegal for employers to withhold tips from workers

Measures to be included in forthcoming Employment Bill include right to see employer's tipping records and to take claim to Employment Tribunal where rules not followed

23 September, 2021

Government confirms intention to introduce entitlement to unpaid leave as a day one right for employees with caring responsibilities

Consultation response sets out key details including how eligibility will be defined, how leave can be taken and what the leave can be used for

23 September, 2021

Government launches consultation on making the right to request flexible working a day one entitlement

Business Secretary says the new right will make flexible working 'part of the DNA of businesses across the country'

21 September, 2021

Northern Ireland Court of Appeal rules that Industrial Tribunal should have allowed litigant in person to amend his claim to include victimisation he was subjected to after his original claim was lodged

Peifer v Southern Education And Library Board & Anor [2021] NICA 40

21 September, 2021

Court of Appeal considers whether Department of Justice in Northern Ireland had a genuine material factor defence to an Equal Pay claim

Department Of Justice v McGrath [2021] NICA 40

20 September, 2021

Employment case law round up

17 September, 2021

Commencement of Employment Act (Northern Ireland) 2016 provisions in relation to abuses of zero-hours contracts and the payment of deposits by parties to employment tribunal proceedings

New statutory rule