The Pro-Rata Principle: Why Airline Got It Wrong For Part-Time Staff

The Pro-Rata Principle: Why Airline Got It Wrong For Part-Time Staff

The law on employing part-time employees says that employers must not treat a part-time employee less favourably than a full-time employee just because of their part-time status. Where less favourable treatment does occur, employers must be able to ‘objectively justify’ that treatment. A recent case involving British Airways part-time staff has shown how easy it is for an employer to fail that test. Employee Moved From Full-Time To Part-Time In Pinaud v British Airways, the claimant joined the respondent in 1998 and undertook the role of Purser. Initially she worked on a full-time basis but on her return from maternity leave, she dropped to part-time hours. Full-time employees worked to what the airline called a ‘6/3’ pattern – 6 days on and 3 days off. The claimant worked on a ‘14/14’ pattern which the airline considered to be exactly half of the required working time of a full-time employee. On the ‘14/14’ shift which followed a 14 days on and 14 days...
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Naming and Shaming: Why Employers Failed To Pay National Minimum Wage

Naming and Shaming: Why Employers Failed To Pay National Minimum Wage

Hundreds more employers have been publically ‘named and shamed’ by the Government for failing to pay their workers the national minimum wage. Quarter on quarter, the number of employers continues to grow and we are able to recognise trends in who is getting it wrong most frequently, and why. With hefty fines attached to underpayment, employers need a firm grasp on how the law works on minimum wages. 13,000 Workers Underpaid In August, 233 employers had their names and locations published on the internet, along with details on the underpayments that HMRC had identified. The details show us how many employees were underpaid and how much the employer’s total underpayment was. In total, more than 13,000 workers had been underpaid to the tune of more than £1.9 million. This brings the overall total of identified underpayments, since October 2013, to £6 million. Where an underpayment is found, the employer will also be fined. In that same time period, fines have reached £4 million. The Government...
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Government Moves Closer to Paid Bereavement Leave

Government Moves Closer to Paid Bereavement Leave

Employment law provides a structural mechanism to help employees deal with many significant life events: sick pay during times of illness, maternity leave and pay when an employee has a baby, for example. Until now, however, the Government has avoided creating a minimum set of rights for employees who experience bereavement. A new Bill will change this and for the first time employees will get paid time off to grieve. Current Position on Bereavement Leave Employers are currently able to set their own rules on bereavement leave and pay for their employees because of an absence of law in this area. Because of that, contractual entitlements differ from organisation to organisation. Many use their discretion in individual circumstances depending on various factors including the relationship of the employee to the person who has died. There are already special provisions within laws on maternity leave which allow a mother to still take all of her maternity leave in the event that her child is...
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WHAT IS CASTE DISCRIMINATION?

WHAT IS CASTE DISCRIMINATION?

The introduction of the Equality Act in 2010 brought together various strands of existing legislation prohibiting discrimination on different grounds including race, religion etc. It also confirmed the coverage of other grounds such as maternity and pregnancy.  Discrimination on the grounds of someone’s ‘caste’, however, was not explicitly covered and the Government has been considering how the law currently provides protection in this area. What is ‘caste’? Caste is the name given to the system of social status and ritual purity predominately, but not exclusively, seen in the Hindu religion. It is generally seen as a fixed status and movement into a ‘higher’ caste is not usually possible. Marriage within one’s own caste is expected. The lowest status – Dalit – was known as the ‘untouchable’. According to a report produced by the National Institute of Economic and Social Research (NIESR), there are a number of indications of a person’s caste: Occupation; Village of origin; Surname; Religion; Temple of worship. Does Current...
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