October 2016


Hello, we would like to share the latest news within Cluer HR as well as keeping you up to date with developments in the world of HR and employment law as they occur.

It’s all part of the service. We hope you find it useful. Your comments and suggestions are always welcome.

Shared Parental Leave And Indirect Sex Discrimination

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October has seen the first case on shared parental leave. Snell v Network Rail concerned two parents working for the same company and sharing their parental leave. The mother received enhanced shared parental pay, the father only statutory pay. The employer said this wasn’t sex discrimination as the same policy applied to same sex partners of mothers. The company subsequently conceded this was indirectly discriminatory and the claimant was awarded £30,000 for injury to feelings arising from discrimination and future loss of earnings.

What Are The Implications of This Case?

Whilst requests for shared parental leave are not common place, be careful to ensure that pay is consistent across both men and women who take shared parental leave.

Disability And Reasonable Adjustments

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In G4S Solutions, the EAT decided that not reducing a maintenance engineer’s pay when he was moved to less onerous duties because of ongoing back problems was a reasonable adjustment (his pay had dropped by £2,480 a year when he moved roles). The EAT said the legislation was intended to enable disabled people to “play a full part in the world of work” and that maintaining an employee’s pay in these circumstances may be a “reasonable adjustment employers have to make”.

What Are The Implications of This?

Whilst this is quite a specialist set of circumstances and employers are not always expected to pay the higher rate of pay where a reasonable adjustment on the grounds of a disability has resulted in lesser duties, it is not always the case. If you’re unsure of what to do in the case of reasonable adjustment requirements in the case of an employee with a disability please get in touch with us on 01386 751740 or at [email protected].

The Endless Debate Over Holiday Pay And Commission May End

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The Court of Appeal’s long-awaited decision on the case British Gas Trading v Lock on commission in holiday pay has been released. British Gas failed to overturn the decision of the Court of Justice of the European Union (CJEU). The court had held that not paying commission in holiday pay went against the principles of the working time directive.

What Are The Implications of This?

This means that workers whose pay regularly includes commission or similar payments should now have their holiday pay calculated in the same way as workers whose pay varies according to how much work they actually do.

However, the decision does not mean that all commission payments will have to be reflected in holiday pay. In the Lock case the commission scheme was straightforward and the employee was paid according to the outcome of his own work and it was also clear a loss was suffered when he took a holiday (things which are not necessarily so clear in all cases).

Which means that this situation still remains ambiguous as to how normal remuneration and the required reference period are to be calculated in other cases. Care will need to be taken to consider exactly what constitutes ‘normal remuneration’ and how and over which period it is to be measured.

Keep Up To Date With Our Blogs

Our regular blogs are packed full of the latest news in HR and UK Employment law – all with your business in mind. This month we asked the question “Is it ok for your employee to record a disciplinary meeting?” Your knee-jerk reaction might not be correct. We also posed another tricky one (sorry) “Are You Prepared For Your Employee To Return From Maternity Leave?” All helpful in navigating day to day situations with your employees. Sign up for these on our website or look out for them on our social media channels – links below.

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