Which employment cases will have the biggest impact on HR in 2019? We assess the likely impact on employers of upcoming cases on: the national minimum wage, shared parental leave, holiday pay, restrictive covenants, collective bargaining, covert CCTV, and employment status.
The Government has published the statutory rates for maternity pay, paternity pay, shared parental pay, adoption pay and sick pay from April 2019.
Enhancing shared parental pay to the same level as maternity pay has been shown to help lead to a dramatically higher take-up of shared parental leave among men at the UK's largest insurance firm.
Recent tribunal decisions have provided some guidance on the legalities of offering enhanced maternity but not enhanced shared parental pay. But that does not mean employers avoid the risk of discrimination completely. Elizabeth Marshall and George Fellows explain.
Updated to include information on the Government's proposals to extend redundancy protection for employees after shared parental leave.
In Hextall v Chief Constable of Leicestershire Police and another, the Employment Appeal Tribunal (EAT) remitted to a fresh tribunal the issue of whether or not a police force's policy of giving a period of full pay to mothers on maternity leave, but paying only statutory shared parental pay to partners, is indirectly discriminatory.
In Capita Customer Management Ltd v Ali  IRLR 586 EAT, the EAT held that there was no direct sex discrimination when an employer offered 14 weeks of enhanced maternity pay, but paid only the statutory minimum to employees taking shared parental leave.
In Capita Customer Management Ltd v Ali and another, the Employment Appeal Tribunal (EAT) held that the failure to pay a father shared parental pay at the same rate as an employee on maternity leave is not sex discrimination.
Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.
HR and legal information and guidance relating to shared parental leave and shared parental pay.