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Welcome to the May 2018 edition of our Employment Bulletin newsletter

Stone King news for the employment sector In this issue: 

GDPR: Obtaining an Employee’s Medical Report

At what point does written notice take effect?

Indirect discrimination claim relating to shared parental pay remitted for rehearing

Time limit to bring a claim for unfair dismissal extended where erroneous advice was given

Constructive dismissal – the last straw

Does silence constitute acceptance to a contractual variation?

Penalty notice issued for late auto-enrolment compliance

GDPR: Obtaining an Employee’s Medical Report There are numerous reasons as to why an employer may wish to obtain a medical report about an employee, or indeed a prospective employee. A medical report may be required before employment commences if health or physical ability is a relevant factor for the job; during the employment to determine whether reasonable adjustments may aid a disabled person in their job role; or during the course of litigation where a claim of disability discrimination or personal injury is made against the employer. Read more


At what point does written notice take effect? The Supreme Court has confirmed in Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood that where an employee’s contract of employment is silent on the issue, an employee’s written notice of termination will take effect when the employee has read or has had a reasonable opportunity to read the notice. Read more

Indirect discrimination claim relating to shared parental pay remitted for rehearing In our April bulletin we covered the case Capita v Ali. In this case the EAT held that there was no direct discrimination against a father where an employer did not enhance its shared parental pay in line with its enhanced maternity pay. The EAT has recently considered whether this failure to enhance amounts to indirect discrimination in Hextall v Chief Constable. Read more

Time limit to bring a claim for unfair dismissal extended where erroneous advice was given The EAT recently extended the deadline for an individual to bring a claim for unfair dismissal in DHL Supply Chain Limited v Fazackerley. The individual had relied on erroneous advice given by an advisory helpline. It was found not to be reasonably practicable for the individual to bring a claim within the statutory period as they had been advised to first exhaust the internal appeal procedures and were not informed of the relevant time limit to bring the claim. Read more

Constructive dismissal – the last straw In some circumstances an employee may be able to resign and successfully claim constructive dismissal where a series of acts by their employer amounts to a repudiatory breach of the employee’s contract of employment. A repudiatory breach is a breach of contract which gives an innocent party the right to end the contract without giving notice. When the contract ends in these circumstances the innocent party is entitled to refuse to be bound by the contract’s terms. Read more


Does silence constitute acceptance to a contractual variation? The Court of Appeal has recently confirmed in Abrahall and others v Nottingham City Council that a group of employees’ silence did not constitute acceptance to a contractual variation unilaterally imposed by their employer. The employer advised it would impose a pay freeze across its business for a two-year period in response to the austerity in the public sector that followed on from the 2010 General Election. The trade unions disagreed with this decision and consulted with their members about taking industrial action prior to its implementation. Read more

Penalty notice compliance

issued

for

late

auto-enrolment

Employers are obliged to automatically enrol eligible workers into a pension scheme and to pay in mandatory minimum contributions. In addition to this duty, employers are legally required to provide the Pensions Regulator with a declaration of compliance to demonstrate it is fulfilling its automatic enrolment duties. The employer must complete this within five months of the employer’s staging date. Read more

GDPR Consent Form As you will be aware, the new GDPR regulations mean we will need your consent to email you in the future. If you would like to be invited to events and informed of legal updates, you will need to let us know. We have updated our privacy policy to reflect the changes to UK data privacy law, which you can find here. Please click the button below to complete a short GDPR consent form, or email data@stoneking.co.uk and let us know what you would like to receive.

GDPR consent form


Upcoming Events 23.05.2018 - Bradford - Effective Performance Management and when to move to Capability 13.06.2018 - Cambridge - Effective Performance Management and when to move to Capability 14.06.2018 - Bath - Handling Difficult Conversations

Click here to see all upcoming events

If you have any queries or for further information on Employment issues, please contact Peter Woodhouse by email PeterWoodhouse@stoneking.co.uk or telephone 01225 326753.

Š Stone King LLP 2018

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