Weekly Issue 564

Law against sexual harassment

The Equality and Human Rights Commission (EHRC) has called on the government to introduce a new mandatory duty on employers to take effective action to prevent sexual harassment (…).

Construing contracts

Although tribunal judges are not supposed to interpret contractual clauses, the Employment Appeal Tribunal (EAT) held in Tyne and Wear Passenger Transport Executive t/a Nexus v Anderson and ors that they can do so in relation to claims for unlawful deductions from wages under PART 11 of the Employment Rights Act (ERA). Thompsons was instructed by the RMT to represent its members (…).

Working time compensation

The Employment Appeal Tribunal (EAT) has held in South Yorkshire Fire & Rescue Service v Mansell and ors that tribunals can make awards for injury to feelings in detriment claims relating to the Working Time Regulations (WTR), as these are “akin to discrimination” claims. This is in contrast to some other claims under the WTR, for instance a failure to allow rest breaks which are akin to a breach of contract claim. Thompsons was instructed by the FBU to represent its members (…).