Welcome to our August HRizon employment law newsletter. We look at an interesting Supreme Court decision regarding the consequences of committing ‘CV fraud’, two decisions relating to PHI cover (including the suggestion that insurance-backed PHI cover should keep track with increases in state retirement age), and the latest employment tribunal decision regarding the expression of gender-critical beliefs on social media and at work. We also highlight other recent employment law cases and HR news from the last month.
Recent employment law cases
The Supreme Court has held that an employee who secured appointments to three roles by lying about their qualifications and experience in his applications, and was later convicted of fraud, should be subject to a confiscation order stripping him of the ‘difference’ between the higher earnings obtained through the fraud and the lower earnings that would have been obtained if there had been no fraud. Read more
Employment benefits: was an employee contractually entitled to annual increases in his PHI payments?
The Court of Appeal has held that an employee was contractually entitled to annual increases in the payments he received under an income protection scheme. The fact that these increases were not covered by the insurer did not limit the employer’s contractual liability to ensure the employee received them. Read more
Age discrimination: was it discriminatory for PHI benefits to cease at age 65?
The EAT has upheld a tribunal decision that an employer did not directly discriminate against an employee because of age when the employee’s benefits under a PHI scheme ceased when he reached 65. However, the EAT also made non-binding comments which suggest that insurance backed PHI cover should keep track with increases in state retirement age. Read more
The EAT has held that the employee’s belief in participatory democracy, and that those with the relevant skills, ability and passion should participate in the democratic process, amounted to a protected philosophical belief. Read more
In a case involving an employee who wished to stand for political office, whose contract required political neutrality, the EAT has given guidance on the narrow scope of a rule which allows an employee without two years’ service to claim unfair dismissal where their dismissal ‘relates to’ their political opinions or affiliation. Read more
An employment tribunal has upheld a claim of direct discrimination and victimisation brought by a barrister against her chambers, based on her protected gender-critical philosophical beliefs. The protection extended to the forceful expression of her beliefs on social media about ‘trans extremism’ and Stonewall’s campaigning on gender theory and self-id reforms. Read more
An employment tribunal has held that an inclusion advocate subjected her colleague to race discrimination when she made a stereotypical assumption that her colleague must have suffered ‘oppression’ due to her skin colour. The decision also has many lessons for employers about the appropriate handling of such complaints. Read more
Employment and HR news
Public sector exit payments: consultation on new administrative controls
HM Treasury has launched a public consultation on proposed new administrative controls on certain public sector exit payments. Read more
The long overdue government response to its Spring 2018 consultation on aligning employment status for tax and employment rights has recently been published. The response concludes that ‘now is not the right time’ to proceed with the proposals, so the status quo will be maintained for now. Read more
Women and Equalities Committee publish Menopause and the Workplace Report
A new report on menopause and the workplace, published by the Women and Equalities Committee, makes a number of recommendations for legislative reform and practical support in the workplace for menopausal women. Read more
Q&A with Nazmin Choudhury
This month we meet Nazmin Choudhury, Paralegal, Commercial Employment based in Manchester.
Name your three top movies of all time?
- Legally blonde for obvious reasons – if Elle Woods can do it then we all can.
- Tangled because I am a big kid at heart and it’s possibly my favourite Disney movie!
- I used to binge watch Marvel movies during my exam period at Uni (a form of procrastination which I do indeed recommend) so, my most watched Marvel movie is Captain America: The Winter Soldier.
What advice would you offer your teenage self?
Trust the timing! Things eventually fall into place so there’s no point in stressing over matters which you have no control over! Also, put down the bar of chocolate!
Which 5 people (alive or dead) would you invite to a dinner party at your house?
- My Nan
- My Grandad
- Robin Williams
- Malala Yousafzai
- Chris Hemsworth
That would be a very strange dinner party!
What are your favourite/least favourite foods?
My favourite foods consists of carbs, carbs and more carbs! Pizza with lots of mushrooms is an absolute favourite!
Who is your favourite superhero?
It has to be Thor. His humour has me in a chokehold.
For further information, please contact:
Emma Ahmed, Hill Dickinson
emma.ahmed@hilldickinson.com
