bto solicitors - Corporate & Commercial Business Lawyers Glasgow Edinburgh Scotland

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BTO produces blogs on a regular basis.  Please search for the topics of interest to you.

405 articles found.

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EAT decides that Employer pension contributions should be included in calculation of a week’s pay

16 August 2017

Contrary to long established practice, the Employment Appeal Tribunal in University of Sunderland v Drossou UKEAT/0341/16/RN has held that the calculation of a “week’s pay” under the Employment Rights Act 1996 should include employer pension contributions. Previously these payments were excluded from the calculation of a week’s pay on the basis that they were not paid directly to the employee but to the pension fund.

Precautionary suspension can be a breach of contract

16 August 2017

The English High Court has issued a judgement in Agoreyo v London Borough of Lambeth which reminds us that suspension of an employee, even in the face of potentially serious allegations, could amount to a breach of the employment contract.

Free Movement

16 August 2017

The free movement of persons occupied a high profile role during the EU referendum debate and continues to do so now. It is a widely accepted principle of EU law that the four fundamental freedoms (the freedom of goods, services, people and capital) are linked to the single market, and therefore, if the UK wishes to abandon the right to free movement of people, it must also give up its access to the single market.

Workplace culture and its effect on pay gaps

16 August 2017

The Equality and Human Rights Commission has recommended 6 new ‘fair opportunities for all’ strategies to tackle gender, ethnicity and disability pay gaps in the UK. These aim to break down barriers for women and disabled people.

Defending unlawful discrimination claims: Beware!

15 August 2017

In Efobi v Royal Mail Group Ltd, the Employment Appeal Tribunal was asked to consider the burden of proof provisions in a discrimination case. These are the rules found in statute – section136 of the Equality Act 2010 - which guide Tribunals in making findings in fact as to whether or not discrimination has been established in evidence.

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