How to Eliminate Workers' Errors ..... and legal costs?

The last news from Employers’ Champion described how businesses are legally responsible for the actions of employees and non-employees (‘Legal liability for non-employees’: 2 March 2016). Rather than just looking at the legal consequences after the event, what can we do to prevent them?

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Legal liability for non-employees

You might assume it is solely your employees’ actions that as a business you might be liable for.
Not so says the Supreme Court in a judgment handed down this week.

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Supreme Court permission - heralding surge of Employment Tribunal claims?

The Supreme Court has granted permission today to Unison to appeal against the Court of Appeal's Judgment regarding employment tribunal fees

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Sleeping On-Call & National Minimum Wage

Do your staff carry out “on call” duties at the work premises during which time they sleep? If so this latest EAT decision will affect you. With the introduction of the new ‘living wage’ the cost of night shift staff wages increases in significance.

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Obesity in the Workforce – Disability Discrimination

The EU Court of Justice’s Judgment* concluded that obesity can qualify as a disability. 
The Judgment made reference to the UN Convention on the Rights of Persons with disabilities, which recognises that disability:

  • is an evolving concept and
  • results from attitudinal and environmental barriers.

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More Good News - Tribunal Fees

More good news for employers in December was the defeat of Unison’s challenge of the introduction of Employment Tribunal fees.  All in all the High Court considered that if there was a discriminatory effect against claimants this was justified and proportionate so fees should continue to be applied.

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Good news for employers!

Backdated holiday pay

The Union, Unite, announced just before Christmas that it would not appeal the Employment Appeal Tribunal decision regarding backdated holiday pay.  Although this was good news for employers there was still the danger (which the Employers’ Champion warned about at the time) that the case, Bear Scotland v Fulton, might be challenged in a new case. 

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Overtime and travel allowances’ impact on holiday pay

The important Employment Appeal Tribunal (EAT) decision of Bear Scotland Ltd & Ors v Fulton & Ors potentially has an immediate impact on your business as it affects how holiday pay must be calculated.  This effect is expected to have a retrospective impact too as explained below which could have a significant financial effect on businesses.

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