Consensus HR

Your outsourced HR department.

Employment Law Updates – March 2018

Published in Employment Law

Our current blog discusses updates in Employment Law:

New employment tribunal awards announced

The Government has revealed the new maximum employment tribunal awards to take effect from 6 April 2018, and the Supreme Court hears Pimlico Plumbers’ latest appeal in its long-running employment status case.

The Supreme Court heard Pimlico Plumber’s latest appeal to the finding that one of its plumbers was a worker, and not self-employed as he had been held out to be. Charlie Mullins, owner of Pimlico Plumbers, has called for ‘clarity’ from the Supreme Court. One of our previous blogs discusses the difference and can be found by clicking here.

Unfair dismissal compensation to increase

The Government has confirmed that the maximum compensation award in unfair dismissal claims will increase to £83,682 (or a year’s pay, whichever is lower) from 6 April 2018.

Matthew from Consensus HR comments “Companies should always ensure that they follow the correct procedures when dealing with employee issues in their business such as using the Acas Code of Practice and any action taken is ‘reasonable’ & ‘fair’. This should be in a businesses Contract of Employment or Company Handbook and be part of a companies everyday culture & management style.”


Employers “decades behind” law on pregnancy in the workplace

A third of employers believe it is acceptable to ask a female interviewee in a job interview about her plans for having a family, research from the Equality and Human Rights Commission (EHRC) has found. EHRC’s new campaign, “Working Forward”, aims to educate employers on basic discrimination laws in order to combat what CEO Rebecca Hilsenrath called “depressing” findings.

Matthew from Consensus HR comments “We find it extremely hard to believe that employers still believe it is ok to ask such discriminatory questions when interviewing but when talking to SME’s with a very small workforce understand the issues that can occur should an employee be absent from work for a long period. This is why we work with our clients to ensure that the correct measures are taken to ensure minimum impact to the business such as recruiting a fixed term member or developing a member(s) of the team to cover the duties whilst the employee is absent. A member of a well formed team getting pregnant should be celebrated and managed accordingly when they are informed of a pregnancy.”


Case law

On referral from the Belgian courts, the European Court of Justice has found that time spent by a worker on-call at home was to be regarded as working time for the purpose of the Working Time Directive. The key element was the restriction placed on the worker by the employer and not his location.

Matthew from Consensus HR comments “This is an area we have had to deal with quite a lot lately with employers not realising when somebody should be getting paid if they are on call or a mobile worker following recent cases. The Working Time Directive covers many areas and this is just one of them with hours worked another.”