Need to Know - Issue 1 2017

Mind the gap: Gender Pay Gap reporting

The Gender Pay Gap regulations (‘Regulations’) will come into force from 6 April 2017. Although employers will have 12 months from then to publish their first gender pay gap (‘GPG’) report, the Regulations and the obligations they impose are complex – so, employers should start planning now.

Enforcing mobility clauses in a redundancy situation

A common cost cutting measure for struggling businesses is to move its workforce, or part of it, to a more cost effective site. If this means that there is no longer work for employees in the location where they are employed, they may be dismissed by reason of redundancy and consequently, might be entitled to receive a redundancy payment.

Sins of omission: can failing to proactively take steps to remedy wrongdoing constitute gross misconduct?

The Court of Appeal has considered whether or not, by failing to correct an error made by another employee, a manager committed gross misconduct.

Can a dismissal be fair if the employer has taken into account expired warnings?

In the recent case of Stratford v Auto Trail VR Limited UKEAT/0116/16, the Employment Appeal Tribunal (“EAT”) considered whether it was fair to dismiss an employee where the principal reason for the dismissal was the employee’s previous disciplinary record (including expired warnings) and the employer’s belief that the employee’s behaviour would not improve in the future.