Employment law updates; what’s new? | Hudson McKenzie

Employment law updates; what’s new?

August 23, 2018 | Employment, Latest Thinking, News

Several sectors within employment law have been affected by recent decisions in case law. Therefore, what exactly are the changes that have been made?

Holiday pay & Overtime

Case: Flowers and others v. East of England Ambulance Trust

It has recently been confirmed that any overtime that is ‘voluntary’ can also be qualified as ‘normal renumeration’, regarding the calculation of holiday pay in relation to the Working Time Directive.

Discrimination – Caste, Belief and Disability.

  • Caste: The Equality Act 2010 shall no longer have ‘caste’ as a protected characteristic.
  • Belief: A belief in the ‘sanctity of copyright law’ shall no longer qualify as a protected belief under the Equality Act 2010.
  • Disability: Employers are reminded that they should always determine whether there is a less discriminatory way of achieving a goal, before dismissal action is taken.


Case: Kilraine v London Borough of Wandsworth

Any allegations put forth by employees must now include a ‘disclosure of information’, as recently announced by the Court of Appeal. From this, the allegation shall now be treated as protected disclosure.

Right to Work

Case: Afzal v. East London Pizza Ltd t/a Dominos Pizza

All employers are now required to carry out general checks so to ensure that their employees have the ‘right to work’ within the UK.

Sexual Harassment

A new report has been published by the ‘Women and Equalities Commission’ regarding sexual harassment in the workplace. From the report, the UK government shall decide whether any are worthy of implementation.

Duty of Care from employer

Case: James-Bowen v Commissioner of Police of the Metropolis

An employer no longer owes a duty of care to conduct litigation in a manner that protects its employees from economic or reputational harm, as recently found by the Supreme Court.

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