This Employment Law ebulletin provides some important updates on prospective legislation.
The Government have released details of the Equality Bill and there are also some long awaited proposals with regard to the status of agency workers.
A significant case in the House of Lords has addressed the issue of comparators in disability related discrimination cases.
Comparators are also a hot topic in equal pay claims and a recent case has found that a successor cannot be used as a comparator.
Although redundancies are hitting the headlines at the moment when consulting about redundancies an employer should look at ways of avoiding dismissal. If there is suitable alternative employment available then a refusal by an employee to take up the offer ordinarily means that they are not entitled to a redundancy payment. The case of Commission for Healthcare Audit & Inspection v Ward demonstrates that at the margins a balancing exercise is required to decide if this will always be the case.
Consultation akin to redundancy consultation is required when dismissing and re-engaging in order to force through a change in terms and conditions, however, Martland and others v Co-operative Insurance Society found that such dismissals are on the grounds of “some other substantial reason” and not by reason of redundancy.
If you have any queries about the content or format of the ebulletin please do not hesitate to contact me. Alternatively you may wish to contact one of the Partners in the Employment Department listed below.
Yours sincerely
Martin Williams
Associate
Employment Group
DMH Stallard
Tel (01293) 605072
martin.williams@dmhstallard.com
