Discrimination | Mayo Wynne Baxter

Pay and Pay Equality

£50 in hand

The British are notoriously bad at discussing money, so the stereotype goes, but pay and pay equality have very much been in the news in recent weeks. HMRC have released details of the (frankly ridiculous) reasons some employers gave for not paying their workers the minimum wage and at the other end of the spectrum… Read the rest of this post (No Comments)

Status – What’s in a name? Part 2….

uber-app

In July 2016 we wrote about the importance of determining a person’s correct employment status by referencing an Employment Tribunal claim that was being pursued by a number of Uber drivers. The decision of the London Central Employment Tribunal hearing  was handed down on Friday 28 October 2016 and has been widely reported in the mainstream… Read the rest of this post (No Comments)

Equal Pay

£50 in hand

Despite The Equal Pay Act 1970 prohibiting differences in pay between women and men who carry out work of a similar kind, the Institute of Fiscal Studies has recently published a report confirming that there is still, 16 years later, a gender pay gap and that this gap widens when mothers return to the workplace… Read the rest of this post (No Comments)

Changes on the horizon for minimum wage

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With effect from Thursday 1 October 2015 the National Minimum Wage increases to £6.70 an hour for workers aged 21 or over. There is also an increase for younger workers as well; up to £5.30 for those 18 and 20 and £3.87 for those who are under 18 but above the compulsory school age (who… Read the rest of this post (No Comments)

Early update on early conciliation

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Since 6 May 2014, early conciliation has been a compulsory requirement for all workplace disputes heading to the employment tribunal. The stated aim of early conciliation is to try and resolve the dispute quickly and cost effectively, finding a solution that is acceptable to both parties. Anyone proposing to make an employment tribunal claim will… Read the rest of this post (No Comments)

New ACAS guidance for something that is not all new

employment contract

The Government has been running a campaign to reduce the amount of “red-tape” that business has to deal with. There is no definition of “red tape” but the thrust of the campaign is to get rid of unwanted regulations. However, the regulations were wanted once and would have not been brought in without a considerable… Read the rest of this post (No Comments)

Unfair dismissal and the range of reasonable responses

You are fired

When an Employment Tribunal is assessing whether an employer has dismissed someone fairly they must not think what they would have done.  Instead they should look at whether the employer’s decision to dismiss fell within the range of reasonable responses to the circumstances that they faced. It is also the case that an employer should… Read the rest of this post (No Comments)

Hiring foreign language speakers

English may be the international language of commerce, but the ability to speak with people around the world in their own tongue is increasingly important in this global market. Employers seeking those with a gift for foreign languages must understand how to attract the necessary skills, without straying into discrimination. For reasons few can agree… Read the rest of this post (1 Comment)

Plans to introduce employment tribunal fees

Plans to introduce fees of up to £1,200 for bringing claims to the employment tribunal look set to go ahead in summer 2013. The tribunal system reportedly costs the taxpayer more than £84m per year. Unlike the civil courts, at present, the person who brings a claim to tribunal doesn’t have to contribute to costs…. Read the rest of this post (No Comments)

Disabled employee’s reduced bonus was not discriminatory.

Thank you for your query and do not worry – the concept of an appropriate comparator is a difficult one to get your head around! The general position is that an employee claiming direct disability discrimination must show that they have been treated less favourably than either a real or hypothetical comparator whose circumstances are… Read the rest of this post (No Comments)