WorkLife entries posted during November 2014

It ain't right but it ain't (necessarily) discrimination - the EAT considers a failure to offer an alternative role during maternity leave

It ain't right but it ain't (necessarily) discrimination - the EAT considers a failure to offer an alternative role during maternity leave

Most readers will know that where an employee’s role becomes redundant during maternity leave, she is entitled to be offered a suitable alternative vacancy (in preference to other candidates) if one is available.  This right attached to maternity leave derives from Regulation 10 of the Maternity and Parental Leave etc Regulations 1999 (“Regulation 10”) and is one of the few UK instances of lawful positive discrimination. 

Update – holiday pay: Unite decide not to appeal

Update – holiday pay: Unite decide not to appeal

According to a report today (WSB ), Unite has decided not to appeal the EAT’s decision in the case of Bear Scotland v Fulton [for previous commentary see here – More Holiday Pay  and Holiday pay - the EAT decides ].  This is on the face of it good news for employers – but query whether it does fundamentally change the position. At some stage it is well-nigh certain that the point will be litigated further, particularly given that the judge in the EAT said that an appeal on time limits was...

Shared Parental Leave Regulations Published

Shared Parental Leave Regulations Published

Only a few days before they are due to come into force, the final version of the Shared Parental Leave Regulations 2014 have now been published. The Regulations can be found here. They will be effective from 1 December 2014 and apply in relation to babies whose expected week of birth begins (or who are placed for adoption) on or after 5 April 2015 and there is no other way of putting it – they are extremely complex.  To assist employers in their application, various guides have been produced ...

Government abandons bankers’ bonus challenge

Government abandons bankers’ bonus challenge

Following yesterday’s Advocate General’s Opinion rejecting the UK’s challenge to the EU’s ‘capital requirements’ directive, George Osborne seems to have decided (with a speed which has surprised many) to make the best of a bad job by formally withdrawing from the fight.  ‘Humiliating climb down’ (per Ed Balls) or a prudent decision ‘not to spend taxpayers’ money on a challenge now unlikely to succeed’ as Mr Osborne now presents it – either way, this is a decisive moment in the battle of the...

1 2 3 Next »