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Equality of terms

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Latest Employment News

No direct sex discrimination where non-payment of allowance was due to ‘absence’ not ‘maternity absence’ (Commissioner of City of London Police v Geldart)

No direct sex discrimination where non-payment of allowance was due to ‘absence’ not ‘maternity absence’ (Commissioner of City of London Police v Geldart)

The following Employment news provides comprehensive and up to date legal information on No direct sex discrimination where non-payment of allowance was due to ‘absence’ not ‘maternity absence’ (Commissioner of City of London Police v Geldart)

What can employers do to address the impact of COVID-19 and the 'new normal' on gender equality?

What can employers do to address the impact of COVID-19 and the 'new normal' on gender equality?

The following Employment news provides comprehensive and up to date legal information on What can employers do to address the impact of COVID-19 and the 'new normal' on gender equality?

Employment tribunals: key points must have been put to a witness before finding that they lied (St Mungos Community Housing Association v Andrews)

Employment tribunals: key points must have been put to a witness before finding that they lied (St Mungos Community Housing Association v Andrews)

The following Employment news provides comprehensive and up to date legal information on Employment tribunals: key points must have been put to a witness before finding that they lied (St Mungos Community Housing Association v Andrews)

Diversity in a recession—will necessity be the mother of invention?

Diversity in a recession—will necessity be the mother of invention?

The following Employment news provides comprehensive and up to date legal information on Diversity in a recession—will necessity be the mother of invention?

Featured Employment content

Contractual redundancy payments

Contractual redundancy payments

An employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two years•he has been dismissed,...

The term of trust and confidence

The term of trust and confidence

Every contract of employment is treated as containing an imposed term of trust and confidence. This requires employers and employees not to conduct...

The duty of fidelity and fiduciary duties

The duty of fidelity and fiduciary duties

All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...

Letter—from employer placing employee on garden leave

Letter—from employer placing employee on garden leave

[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...

Precedents

Letter—TUPE (9) from employee objecting to transfer

[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...
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9th Nov
Practice notes

Qualifying period for unfair dismissal

For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...
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9th Nov
Precedents

Draft outline script for disciplinary hearing (misconduct)

1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...
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9th Nov
Practice notes

No response, rejected response or claim not contested: employment tribunals

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
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9th Nov
Precedents

Application—additional information (further and better particulars)

[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...
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9th Nov
Precedents

Letter—TUPE (3) letter from transferee to transferor to inform of proposed measures

[To be typed on headed notepaper of transferee][Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the...
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9th Nov
Practice notes

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...
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9th Nov
tag iconIn-house
Practice notes

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...
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9th Nov
Practice notes

Employment tribunal case management

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
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9th Nov
Practice notes

Striking out and unless orders in employment tribunal proceedings

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
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9th Nov
tag iconIn-house
Precedents

ET3 grounds of resistance—unfair dismissal: protected disclosure

1Paragraph 1 of the Grounds of Claim is admitted.2As to paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were...
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9th Nov
Precedents

Costs warning letter (employment tribunal)

[ON YOUR LETTERHEAD][Name and address of other party, or other party’s solicitor]Dear [insert contact name][Insert subject of letter, eg names of...
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9th Nov
Practice notes

Calculating pension loss in employment tribunal claims

Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...
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Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 12th Jan
Precedents

Application—postponement or adjournment of hearing

[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...
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9th Nov
Practice notes

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...
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9th Nov
Precedents

Letter—employer acknowledgement of notification of maternity leave

Date: [insert date]Dear [insert name of employee]Congratulations and thank you for telling me about your pregnancy and the date that your baby is due....
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9th Nov

Most recent Equality of terms content

Precedents

Equality of terms (equal pay)—sample questions

Reasons for believing employee may not have had equality of terms[I believe I have not had equal terms with my comparators because I am employed as a...
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27th Apr
Practice notes

Equality and Human Rights Commission

Statutory frameworkThe Equality and Human Rights Commission (EHRC) is an independent non-departmental public body established under the Equality Act...
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26th Apr
Precedents

Policy—equality

1Policy statement1.1The Company is fully committed to providing equal opportunities for all employees, workers and job applicants, and to eliminating...
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26th Apr
Precedents

Policy—equality (short form)

1Policy statement1.1The Company is fully committed to providing equal opportunities for all employees, workers and job applicants, and to eliminating...
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26th Apr
Practice notes

Equality of terms: equal work and comparators

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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15th Apr
Practice notes

Equal pay audits

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
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9th Apr
Practice notes

Equality of terms: definition of 'pay'

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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9th Apr
Practice notes

Equal Value Rules (rules applying from Monday 29 July 2013)

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013SI 2013/1237SCHEDULE 3THE EMPLOYMENT TRIBUNALS (EQUAL VALUE) RULES OF...
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9th Apr
Practice notes

Equality of terms: defences and exceptions

This Practice Note examines the defences available to an employer in relation to an equality of terms (equal pay) claim and the exceptions that...
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9th Apr
Practice notes

Equality of terms: pregnancy and maternity

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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9th Apr
Practice notes

Equality of terms: how claims work

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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9th Apr
Practice notes

Equality of terms: evidence

Three main contentionsIn general, equality of terms claims brought under the Equality Act 2010 rely on one or more of three main contentions (see...
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9th Apr
Practice notes

Territorial extent and scope of the Equality Act 2010

Where a dispute or claim arises in respect of an employee who works wholly or partly abroad and/or has a foreign employer, two questions will need to...
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Produced in partnership with Edward Kemp of Littleton Chambers 9th Mar
Q&As

What is the effect of the issuing of an Acas early conciliation certificate (a) on the limitation period for a claim, and (b) on the qualifying period for an equality of terms (equal pay) claim?

For information generally:•on time limits in equality of terms (equal pay) claims, see Practice Note: Equality of terms claims: time limits•on time...
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3rd Mar
Practice notes

Part-time workers—discrimination issues relating to pensions

This Practice Note contains references to case law of the Court of Justice of the European Union. Broadly, EU judgments handed down on or before 31...
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Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 25th Feb
Q&As

Do payments that an employee receives during maternity leave under a discretionary enhanced maternity pay policy or a discretionary bonus scheme need to be adjusted in accordance with Equality Act 2010, s 74 to take account of any increase in the employee’s pay (or in the amount she would have been paid had she not been on maternity leave)?

Employers may agree contractual terms that are more generous than the statutory entitlement for maternity pay.See, for example, Precedent:...
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11th Feb
Q&As

Is it discriminatory in all cases not to pay a bonus to a female employee who is on maternity leave? For example, what is the position in relation to a bonus awarded on the basis of team (as opposed to individual) performance?

You may wish to consider:•whether the bonus falls within ‘terms and conditions about remuneration’•the effect of the maternity equality clause,...
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5th Dec
Q&As

Can an individual bring an equality of terms (equal pay) claim under the Equality Act 2010 in respect of a comparator who is a person of the same sex as the claimant?

The Equality Act 2010 (EqA 2010) contains provisions designed to achieve equality between men and women in pay and other terms of employment where the...
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5th Dec
Q&As

If a part-time employee succeeds in an equal pay (equality of terms) claim, using a full-time comparator, is their award calculated on the difference between their actual pay and (a) that of the full-time comparator or (b) the equal pay they should have received?

Sections 64–66 of the Equality Act 2010 (EqA 2010) imposes an equality clause into a person's (A's) terms of work, or an equality rule into an...
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5th Dec
Q&As

Is it lawful to include a pay secrecy clause in a worker’s contract?

There is nothing in principle to prevent an employer from including in the contract of employment (or worker’s contract) a ‘pay secrecy clause’ which...
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5th Dec

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LEXISNEXIS

Term Loan B facilities

This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged financings. TLBs are an established feature in the US market and increasingly used in the European lending market for institutional investors.This

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Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.

LEXISNEXIS

Tort—the different types of tort

This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product

LEXISNEXIS

CE-File—electronic filing and case management in the Rolls Building and other courts

This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case