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Employment

Substitution – ‘employee’ status not precluded

The EAT has upheld a decision of the ET confirming that a carer enjoyed employee status, despite the presence of a number of factors suggesting that she was self-employed, including being paid gross and paying her own tax and NI.
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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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