Employment & Benefits, Lewis Silkin updates

Ireland

Contributed by Lewis Silkin
Disability case: Supreme Court clarifies extent of employers' duty to provide reasonable accommodation
  • Ireland
  • 13 November 2019

A recent Supreme Court decision clarifies the legal principles to be applied to the question of which measures of reasonable accommodation an employer should consider to enable disabled employees to participate in the workforce. While the decision provides welcome guidance on the applicable principles, employers must consider that what constitutes 'reasonable accommodation' will depend on the facts, guided by the reasonableness and proportionality of any appropriate measures proposed.


United Kingdom

Contributed by Lewis Silkin
Introduction of paid parental bereavement leave confirmed
  • United Kingdom
  • 19 February 2020

The government has finalised the legislation to implement an entitlement to two weeks' paid bereavement leave for working parents who lose a child aged under 18. The new right will come into force with effect on 6 April 2020. In readiness, all employers should review their policies and practices and amend them as necessary to reflect the new rights.

IR35 reforms from April 2020
  • United Kingdom
  • 12 February 2020

The proposed IR35 reform represents the biggest change to employment tax for decades. Until now, businesses have been able to engage contractors using personal services companies (or other intermediaries) without having to give much thought to the individual contractor's status for tax purposes. The proposed changes mean that businesses must review how they engage with contractors ahead of April 2020.

Significant new guidance on harassment from EHRC
  • United Kingdom
  • 05 February 2020

The Equality and Human Rights Commission has published substantial new guidance on sexual harassment and harassment at work, setting out detailed recommendations that employers should consider following to prevent and deal with such behaviour. The guidance puts the onus on employers to be more inquisitive about what is going on in their workplace, rather than simply having policies and dealing with complaints.

Whistleblowing dismissal unfair as decision maker manipulated by another manager
  • United Kingdom
  • 29 January 2020

In a decision with implications for unfair dismissal law generally, the Supreme Court ruled that it is not always necessary for a dismissing manager to know about whistleblowing disclosures made by an employee in order for that dismissal to be automatically unfair. The facts of the case were extreme, involving a manager who had deliberately created a false picture of inadequate performance which the dismissing manager had then believed, but the decision nonetheless has significant wider implications.

Vegans protected by Equality Act: what does it mean for employers?
  • United Kingdom
  • 22 January 2020

According to an employment tribunal in the widely reported case brought by Jordi Casamitjana, ethical veganism can be a philosophical belief that is protected under the Equality Act. But what does this mean in practice for employers?


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