Employment Law Update – May

by | May 2, 2018

Injury to feelings claim band increases:

For claims presented on or after 6 April, the following bands will apply:
  • £900 to £8,600 for less serious cases;
  • £8,600 to £25,700 for cases that do not merit an award in the upper band;
  • £25,700 to £42,900 for the most serious cases.
The most exceptional cases will be capable of exceeding £42,900

Also for a termination of employment on or after 6 April 2018, new rules apply to the way in which termination payments are taxed. Injury to feelings payments for discrimination unrelated to the termination can still be paid tax-free, but payments for injury to feelings connected with termination will only be exempt from tax if they relate to a psychiatric injury or other recognised medical condition

Disability:

Following a couple of case decision you will need to be aware that a pre-cancerous condition may well be covered by the Equality Act 2010, and will therefore constitute a disability. Meanwhile, it will come as a relief to know that an employee’s belief that they are disabled will not be enough to deem knowledge of a disability on the part of the employer.

Data Protection Bill:
By now business should be well aware that The General Data Protection Regulation (GDPR) is coming into force on 25 May 2018. 

It is intended to provide a comprehensive package to protect personal data. It will supplement the GDPR, implement the EU Law Enforcement Directive, as well as extend data protection laws to areas which are not covered by the GDPR. It applies GDPR standards but it has been amended to adjust those that would not work in the national context.

Once the UK leaves the EU, the Bill will help ensure that the standards of the GDPR are enshrined in UK law.

Notice of termination case:

The Supreme Court has held that, if there is no express contractual provision in the contract of employment, written notice of termination served by an employer does not take effect until the employee has read it or had a reasonable opportunity of doing so.

The date that notice is deemed to take effect can have significant financial implications and employers therefore may want to consider including an express clause in their contracts of employment to be specific about when notice takes effect.


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