Employment
Exposing the Gender Pay Gap
- Details
By Anya Duncan, Partner
Background
In 2011, Theresa May (the then Minister for Women and Equalities) noted in the House of Commons that the coalition government was “committed to working with business to develop a voluntary approach to gender pay reporting in the private and voluntary sector”. Following this, later that year, the Government launched a voluntary gender equality reporting initiative called “Think, Act, Report” which sought to encourage voluntary pay reporting in the private and voluntary sector. Although more than 200 businesses signed up to the initiative by August 2014 only four had published any gender pay gap information.
The Living Wage – the National Minimum Wage – the National Living Wage, Confused?
- Details
By David Chalmers, Partner
The “Living Wage” is a measure of income considered necessary for an acceptable standard of living. As at 31 October 2015, the campaign group the Living Wage Foundation, calculated the UK living wage at £8.25 per hour and the London living wage at £9.40 per hour. The concept of a living wage has received a great deal of publicity in recent years, with many employers choosing to go beyond legal minimums and remunerating low paid staff by reference to these rates.
The cake wasn’t gay you know!
- Details
By Eric Gilligan, Partner and head of Stronachs’ employment team
This week was supposed to see what has become known as the “Gay cake case” reach the Court of Appeal in Northern Ireland but following an intervention by the Northern Irish Attorney General the case has now been postponed to March.
Many will recall the controversy over the Ashers bakery refusal to bake a cake for a homosexual customer, Mr Lee which was to bear the caption “Support Gay Marriage”. The County Court in Northern Ireland decided (in a case backed by the Equality Commission for Northern Ireland) that the treatment of the customer amounted to direct discrimination on grounds of his sexual orientation.
Half-time in Claims Against Football Club for Wrongful and Unfair Dismissal
- Details
By Euan Smith, Associate
Mr Farnan, former International and National Marketing Director, is behind at half-time in his claims against Sunderland Association Football Club. The High Court (England and Wales) have recently dismissed his claim for wrongful dismissal finding that his breaches of confidentiality were serious enough to justify dismissal without notice.
As is the case in Scotland, wrongful dismissal claims can be brought in the ordinary civil courts, as well as in the Employment Tribunal. This has the advantage of escaping the cap on any award (£25,000) which would otherwise exist and the nature of the claims in both jurisdictions are the same. The courts are simply concerned with whether the terms of the contract have been breached and, unlike in unfair dismissal claims, they are not concerned with questions of reasonableness/fairness.
What’s on the horizon for employers in 2016?
- Details
By Eric Gilligan, Partner and head of Stronachs’ employment team; and Catriona Sutherland, Trainee Solicitor
2016 looks set to be a big year for employers as sweeping reforms relating to trade unions, gender pay gap reporting and illegal workers are due to be implemented in the coming months. Notable cases are also set to be called before the appeal courts, addressing such issues as the scope of protection afforded to agency workers, the duty to collectively consult and the vexed question of employment status. Some of the highlights are listed below.
