In this issue: Job applicants motivated by compensation claims not protected by EU discrimination law; Employment Tribunal rules that voluntary overtime payments must be included in holiday pay; Brexit: Let them commute and more...
Job applicants motivated by compensation claims not protected by EU discrimination law
In Kratzer v R + V Allgemeine Versicherung AG, the ECJ has ruled that a job applicant was not entitled to discrimination protection under EU law where the motivation behind the application was to bring a claim and obtain compensation, rather than a genuine desire to secure employment.
Employment Tribunal rules that voluntary overtime payments must be included in holiday pay
An Employment Tribunal has decided that voluntary overtime payments should be reflected in holiday pay, provided such payments amount to "normal remuneration". The Tribunal also ruled that voluntary standby and voluntary call out payments should be reflected in holiday pay (Brettle & Others v Dudley Metropolitan Borough Council, ET).
Brexit: Let them commute
In an article first published by Thomson Reuters, Managing Associate, Annabel Mackay, considers Brexit, the rise of the Euro-commuter and the legal issues that employers need to think about before asking employees to commute to work outside the UK.
Taxation of termination payments
In July 2015 the Government published consultation proposals in relation to the tax and National Insurance contributions (NICs) treatment of termination payments. Addleshaw Goddard LLP worked with the GC100 in preparing the GC100's response to that consultation. Following that consultation a response and further consultation has now been published.
Consultation on limiting tax advantage for benefits in kind provided via salary sacrifice schemes
On 10 August 2016 HMRC published a consultation on salary sacrifice for the provision of benefits in kind. The consultation seeks views on limiting the range of benefits in kind that attract tax benefits when they are provided as part of salary sacrifice and flexible benefits arrangements. Certain benefits in kind are said to be ring-fenced and will be unaffected by the proposed limitation. The consultation closes on 19 October 2016.
Delay to publication of final gender pay gap reporting legislation
The Government Equalities Office has confirmed that the implementation of the new gender pay gap reporting legislation has been delayed until April 2017. The Government's response to the consultation of the draft version of the regulations is expected shortly and should provide details of the final proposals which will be enacted.
Employment law: what's on the horizon?
As an eventful Summer draws to a close, now is the perfect time to take stock on what (apart from Brexit) lies ahead in the world of employment law. Our horizon scanner offers a handy summary of the key legislative and case law developments expected in the next 12 months and beyond.