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Articles by Brian Gegg
448: Pay differential justified for firefighters seconded to non-operational roles
Under the Equality Act 2010, an employee is entitled to the same pay and contractual terms as an actual (not hypothetical) comparator of the opposite sex who is doing like work, which has been rated as equivalent or work of equal value. Employers have a defense to an equal pay claim if they can show that the difference in pay is due to a non-discriminatory material factor.
439: Ex-employee who set up rival business liable for passing off and breach of confidence
In PSN Recruitments Ltd v Ludley and another, the Intellectual Property Enterprise Court upheld claims for breach of confidence and passing off brought by an employer against an ex-employee and his new company. Passing off claims may arise where an intentional or unintentional misrepresentation results in the public believing that goods or services offered by the ex-employee are in fact offered by the ex-employer, and damage is caused to the ex-employer because of this incorrect belief.
431: Court provides guidance on heat of the moment resignations
Notice of termination of employment given by an employee or an employer cannot generally be withdrawn without agreement. However, words of dismissal or resignation may be withdrawn if they were not genuinely intended because they were spoken in the heat of the moment, such as during an argument or under intense stress. In the recent case of Omar v Epping Forest District Citizens Advice (EFDCA), the EAT has provided useful guidance on the legal principles that apply in these situations.
416: Government reports on progress made in tackling racial disparities and inequalities
The Government has published an update on the progress made in delivering the measures to tackle racial disparities set out in its March 2022 report Inclusive Britain. This was a response to the 2021 report of the Commission on Race and Ethnic Disparities, which was set up to identify racial disparities and inequalities in Britain and recommend ways to address them.
Promoting disability inclusion in the workplace
According to government statistics, 13 per cent of the UK’s workforce has a disability within the definition of the Equality Act 2010. It is therefore more important than ever that employers can both provide an inclusive and accessible workplace for all employees and understand their duty to make reasonable adjustments where needed. Despite this, many companies struggle with how to alter their business to ensure that disabled people are not disadvantaged at work.
How should Working Time complaints be dealt with?
Following a review of the split jurisdiction in employment law between the employment tribunal and the civil courts, the Law Commission has published a report containing 23 recommendations to improve the way in which employment disputes are handled in the UK. One of the report’s most interesting recommendations is the extension of the employment tribunal’s jurisdiction in dealing with claims under the Working Time Regulations 1998 (WTR).
How is whistleblowing linked to unfair dismissal?
The Public Interest Disclosure Act 1998 (PIDA) has effectively added another form of discrimination into the existing characteristics afforded protection under the Equality Act 2010 and its predecessors – namely, whistleblower status. Since the PIDA’s introduction, UK businesses have faced the reality that employees at certain levels of their hierarchy are more likely to be able to formulate detriment claims after raising issues about the business.
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