Brexit - Extracting the potential impact on workers' rights from the maelstrom

With the pervading sense of uncertainty consuming the arrangements for the UK leaving the EU, it is an unsettling time for both the populace and companies operating within the jurisdiction. One of the many uncertainties is the potential impact Brexit may have on UK employment laws, and consequently workers' rights.

As a Member State, EU law has direct effect on UK law pursuant to the European Communities Act 1972. This means that the UK is obliged to implement EU law into domestic law.

Managing litigation risk in the gig economy

The Business & Human Rights Resource Centre published the findings of its research into the increase in global gig economy litigation last month in its report titled "The Future of Work: Litigating Labour Relationships in the Gig Economy". The report stresses the need for a rights based approach to legislation and company employment models to provide certainty for both workers and businesses and ensure the future protection of human rights in the workplace.

Managing sickness absence as a result of an injury sustained at work

Accidents happen…just as much in the workplace as they do in the outside world. Employees may unfortunately sustain an injury while at work, which could result in them being off sick. This could be a slip resulting in a broken leg, with multiple operations required, or could be sustained due to incorrect operation of machinery.

Employee fails to secure compensation despite finding of unfair dismissal

The Employment Appeal Tribunal ("EAT") in Beattie v Condorrat War Memorial and Social Club & Others recently upheld a tribunal decision that a procedural failing in carrying out an investigation and a finding of unfair dismissal did not necessarily lead to compensation.

The Claimant was employed as a bar steward for the respondent social club since 2008. Her duties included bar work, ordering stock, paperwork and banking. In May 2015 during an external stock taking exercise, two cases of vodka and two bottles of brandy were found to be missing.  Steps to ascertain why the stock were missing failed and a final written warning was issued to the Claimant.

Mistaken belief found insufficient to amount to disability discrimination

In iForce Ltd v Wood, the Employment Appeal Tribunal held that an employee's mistaken belief that her condition was under threat by working conditions did not establish unfavourable treatment due to a disability pursuant to s.15 of the Equality Act 2010. An actual rather than a perceived causal connection must be identified for a claim to succeed.

The Respondent had been employed by the Appellant, a logistics company, since 1993. She was diagnosed with osteoarthritis in 2012, a degenerative condition and disability attracting the protection of the Equality Act 2010. Her condition deteriorated and the Appellant altered her duties to include only packing work from 2014/5.

Court of Appeal clarification on continuity of rest periods for exempted workers

The Court of Appeal held in Network Rail Infrastructure Ltd v Crawford, that where the normal entitlement to an uninterrupted 20-minute rest break under Reg 12(1) of the Working Time Regulations 1998 ("WTR") is excluded by a 'special case' exemption, the equivalent period of compensatory rest that the employer must give wherever possible under Reg 24(a) need not be an uninterrupted 20-minute break.

The Claimant's job was to provide relief cover for a number of railway signal boxes, generally on an eight-hour shift pattern. Network Rail guidance confirmed that as signallers' work was intermittent "at single-manned locations, breaks must be taken between periods of operational demand where there are opportunities for 'naturally occurring breaks'".

Usage of inaccessible work email accounts during employee's maternity leave

The Employment Appeal Tribunal ("EAT") held in SW Yorkshire Partnership NHS Foundation Trust v Jackson that it can be unfavourable treatment under the Equality Act 2010 to send a woman on maternity leave an important email at an email address that she can't access. However, it will be necessary for a tribunal to consider the reason why the email was sent in that way.