Employment Bulletin - February 2018

In this issue:

  • Update: the 2018 pay award for teachers and school leaders
  • New DBS ID checking guidelines
  • What to include in a gender pay gap narrative
  • Proposed new laws: minimum wage & payslips
  • An increase in employment tribunal claims
  • Can an employer rely on occupational health reports?
  • Unlawful offers to trade union members
Update: the 2018 pay award for teachers and school leaders

Every year, the government publishes its evidence to the School Teachers’ Review Body (“STRB”) in relation to how the pay award for the following academic year should apply to teachers and school leaders. It provides the evidence to support the STRB’s consideration of the next academic year’s pay award and includes evidence on the teacher labour market and affordability.

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New DBS ID checking guidelines

The Disclosure and Barring Service (“DBS”) has introduced new ID checking guidelines which employers must follow to check ID documents as part of the DBS check application process. These new guidelines were introduced in October 2017 and were running in tandem with the old guidelines until 25 January 2018.

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What to include in a gender pay gap narrative

As we explained in our December 2017 bulletin, the gender pay gap reporting deadline is fast approaching. The last possible day for publishing the information is 30 March 2018 for public sector employers (including maintained schools and academies) and 4 April 2018 for all other employers (including independent schools).

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Proposed new laws: minimum wage & payslips

Two orders, concerning the National Minimum Wage and payslips, have been recently laid before parliament.

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An increase in employment tribunal claims

In July 2017, the UK Supreme Court declared that employment tribunal fees were unlawful. Fees are therefore no longer payable to bring tribunal claims or Employment Appeal Tribunal cases.

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Can an employer rely on occupational health reports?

In the recent case of Donelien v Liberata UK Ltd, the Court of Appeal clarified that, although occupational health reports are still important, employers should not just accept them at face value. Although employers can rely on occupational health reports, they should seek clarification and ask appropriate questions where necessary.

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Unlawful offers to trade union members

The consequences of an employer making unlawful inducements to trade union members were demonstrated in the recent case of Kostal UK Limited v Mr D Dunkley & Others. It is a warning to employers that, where there is a recognised trade union, they must be able to show genuine business reasons (unconnected with collective bargaining) for approaching workers directly outside the collective bargaining process.

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The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

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