HR Update: the importance of appeals, working time and record keeping, discretionary bonus payments, and compensatory rest
Jack Harrington

What’s new

This month we look at new European legislation on the horizon to protect whistle-blowers and gig economy workers, HMRC guidance on the new off-payroll working rules, and proposals for the extension of redundancy protection for new mothers. Read more

Case law review

Discrimination on appeal In a recent decision, the Employment Appeal Tribunal has made it clear that the appeal stage is part and parcel of a dismissal when it comes to assessing whether that dismissal is discriminatory.  Read more

Keeping records of working hours In a potentially important decision, the Court of Justice of the European Union has held in FederaciĆ³n de Servicios de Comisiones Obreras v Deutsche Bank SAE that employers must keep records of all time actually worked by staff each day. Read more

Discretionary bonus payments

The EAT in the case of Bluestones Medical Recruitment Ltd v Swinnerton has provided a useful reminder of the limitations on seeking to insist contractual bonus schemes are discretionary when they have been in place for a prolonged period. Read more >

Compensatory rest In the case of Crawford v Network Rail Infrastructure Ltd, the Court of Appeal confirmed that an employer has complied with its obligation to provide a 20 minute rest break to workers by adding together two or more rest breaks of shorter durations. Read more >

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