The burden of proof

Section 136 of the Equality Act 2010 applies to any proceedings relating to a contravention of the Act.  Subsection (2) says “if there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision...

Can I refuse to employ EU nationals?

The Government Equalities Office has been tasked with examining the growing evidence that EU nationals are being illegally prevented from getting jobs following reports of job adverts that clearly specify that those applying must have British citizenship. Possibly the...

The future regime for smoke-free premises in Wales

At the moment, the situation in both England and Wales is governed by the Health Act of 2006 and regulations published in connection with it.  The Health (Wales) Act 2017 will shortly come into force establishing a different regime here in Wales.  Broadly speaking...

An increase in what counts towards a ‘Week’s Pay’

You’re probably familiar with calculating a ‘Week’s Pay’ for employees for example, for redundancy purposes. It’s been a long-standing practice that when you calculate a ‘Week’s Pay’ employers pension contributions were not included as they weren’t being received by...

The timing of notice of termination.

I recently drafted a defence to an Employment Tribunal claim where an employee had failed to attend the disciplinary hearing at which their employment terminated by reason of gross misconduct.  Let’s call the date of that hearing date A.  The employer duly then...

Employment Key Figures 2017

Refreshing Law has designed a table of the key employment figures for 2017.  The changes to the rates for the key figures happens from 6th April. Please click below to download. Employment Key Figures...