Employment Update - April 2018

Employment Update - April 2018

Welcome to the April 2018 edition of the employment update - providing a monthly update on key legal issues for employers.

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  1. "Pre-cancerous" condition a deemed disability under the Equality Act 2010

    The Employment Appeal Tribunal (“EAT”) has confirmed, in Lofty v Hamis (trading as First Café), that a “pre-cancerous” skin lesion is a deemed disability for the purposes of paragraph 6 of Schedule 1 to the Equality Act 2010... Read more
  2. Employer not obliged to revisit decision to dismiss after notification of pregnancy

    In  Really Easy Car Credit Ltd v Thompson  the Employment Appeal Tribunal (“EAT”) considered whether an employer, having decided to dismiss an employee, is required to revisit their decision if, prior to communicating the decision, the... Read more
  3. Time spent "on call" to be viewed as working time when the worker's ability to undertake non-work activities is significantly restricted

    In Ville de Nivelles v Matzak (C-518/15) the European Court of Justice determined that time spent on stand-by counts as working time under the Working Time Directive when the obligations placed on a worker during that stand-by time significantly restrain... Read more
  4. Disparity of agency worker working conditions to be judged on a term-by-term basis

    Regulation 5(1) of the Agency Workers Regulation 2010 (“AWR”) entitles an agency worker, after 12 continuous weeks in the role, to the same basic working and employment conditions that they would have had if they been recruited directly by the... Read more
  5. Employment Appeal Tribunal considers timing of obligations for collective consultation

    In the case of Keeping Kids Company v Smith and others, the Employment Appeal Tribunal (“EAT”) looked at whether a charity breached its collective redundancy consultation obligation in the lead-up to its insolvency.  The EAT dismissed an... Read more

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