HR Update: disability discrimination, holiday pay for part year workers, the extent of agency workers’ rights, and who is responsible for the production of national minimum wage records after a TUPE transfer?
Jack Harrington
What’s new This month we look at the annual report from the arbitration and conciliation service, ACAS, and consultations on sexual harassment in the workplace, health at work, and proposals for a single enforcement body for employment rights. Read more >

When does an employer have constructive knowledge of disability?

The Employment Appeal Tribunal has considered whether an employer will be considered to have known an employee was disabled in two recent cases with different factual backgrounds: the first when the employee has not informed the employer of her impairments, and the second when the employee has not consented to an occupational health provider passing information on to his employer. Read more >

Who is responsible for the production of national minimum wage records after a TUPE transfer?

In Mears Homecare Limited v Bradburn the EAT decided that a previous employer was no longer responsible under national minimum wage legislation for providing pay information to former employees after a TUPE transfer. Read more >

Are agency workers entitled to work the same number of hours as directly recruited colleagues?

The Agency Workers Regulations 2010 provide that an agency worker who has worked for the same hirer for 12 weeks is entitled to the same basic terms and conditions as a directly recruited worker doing the same role when it comes to pay, annual leave, rest periods and breaks, night work, and duration of working time.  In the recent case of Kocur v Angard Staffing Solutions, the Court of Appeal considered whether this means an agency worker is entitled to be provided with the same contractual working hours as a directly-recruited comparator. Read more >

Holiday pay for part year workers

We all know that workers are entitled to 5.6 weeks annual paid holiday under the Working Time Regulations but how does an employer calculate holiday pay for an employee who only works for part of the year?  That was the issue considered by the Court of Appeal in the case of Harpur Trust v Brazel. Read more >

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