Welcome to our November HRizon employment law newsletter
We look at the scope of settlement agreements and how employers can seek to correct errors in collective agreements. We consider the extended ban on exclusivity clauses for low paid workers which comes into force in December. We also explore the Sutton Trust’s report on regional and ethnic ‘accent’ discrimination, the ICO’s new draft guidance on workers’ health information and highlight other recent employment law cases and HR news from the last month.
Recent employment cases
Settlement: can a settlement agreement be used to settle an Equality Act 2010 claim, which has not yet arisen?
In a decision regarding the potential scope of settlement agreements, the EAT has held that a settlement agreement cannot be used to settle a ‘future’ equality claim, which had not yet arisen at the time the agreement was signed. Read more...
Collective agreements: can an employer seek ‘rectification’ of a mistake in a collective agreement?
The Court of Appeal has held that, where the terms of a legally unenforceable collective agreement contain an error, the employer cannot seek rectification (correction) of the agreement against the trade union. However, if the terms of the collective agreement are incorporated into the employment contracts, the employer can seek rectification of the employment contracts. Read more...
Sex and maternity discrimination: a mishandled restructure whilst an employee was on maternity leave leads to the...
Healthcare A New England nursing home group, its owner, and an executive agreed to pay $1 million to settle allegations first brought by a whistleblower that they billed Medicare and Medicaid for...