The Practical Lawyer


Equal pay law – avoiding pitfalls

We reported in our March 2019 edition (p14) on the Asda workers’ equal pay claim in which the CA held that staff who work in stores are entitled to compare their wages to warehouse employees.
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WTR – rest breaks

The Working Time Regulations 1998 provide that most workers who work more than six hours have the right to an uninterrupted 20-minute rest break. 
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Employment – criminal record checks

Employers must verify the identity and immigration status of all employees. They are required to keep copies of relevant passports, visas and work permits. 
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DBS checks – good practice

The Information Commissioner’s Office (ICO) has provided guidance on how employers should screen applicants (although not yet updated post-GDPR):
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Flexible working – yes or no?

The expansion of the statutory right to request flexible working to all employees in 2014, coupled with improvements to technology, mean that such practices are becoming the norm.
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Cohabitation – a breach of faith?

In the so called ‘gay cake’ discrimination case, the SC held that the refusal by a Northern Irish bakery to make a cake which included the slogan ‘support gay marriage’ was not discriminatory. 
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Payslip – deadline reminder

Changes relating to the provision of payslips are being imposed on employers and come into force on 6 April 2019.
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Asda workers – equal pay claim

We have reported on the equal pay claim of a large number of employees, mostly women, who work for Asda.
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Unfavourable treatment – not ‘detriment’

The SC has confirmed that in the context of a disability claim, unfavourable treatment is not the same as detriment.
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Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...


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