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Should women disclose pregnancy during recruitment?

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A YouGov survey on behalf of The Equality and Human Rights Commission’s revealed, 6 in 10 employers believe they should. Are employers still living in the dark ages when it comes to the rights of pregnant woman and new mothers in the workplace?

Click the article below to find out more…

An employee can claim pregnancy and maternity discrimination

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When a woman is undergoing IVF treatment, a protected period starts when fertilised ova are implanted (when she is regarded as being pregnant). When an implantation fails and the pregnancy ends, the protected period ends after a further two weeks have elapsed in accordance with section 18(6) of the EqA 2010. If an employer treats an employee unfavourably during this period she can claim pregnancy and maternity discrimination.

Plans to enforce employment rights

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The government has put back long-awaited changes to the UK labour market. This is in response to The Taylor Review on modern work practices and ‘reform’ the rights offered to flexible workers in the gig economy and beyond. The BEIS has decided it will consult with businesses on the impact of plans to enforce employment rights, change rules concerning agency workers, increase transparency in the labour market and consider employment status before taking any action to change workers’ rights.

The Employment Rights Act 1996 Order 2018 will come into effect on 6th April 2019

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Made on the 7th February 2018 and laid before parliament yesterday, the Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) Order 2018 will come in to effect on 6th April 2019.

The amendment means that where different pay rates apply i.e. different rates for differing activities, wage slips are to detail the number of hours work being paid for at each rate.

Company failure to provide employee with right to paid holiday as a worker

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In King vs The Sash Windows Workshop Ltd, the European Court of Justice (ECJ) ruled that Mr King, who had established ‘worker’ status, was entitled to pay for both unpaid holiday he had taken and holiday he did not take because he thought it would be unpaid.

Unlike holiday, which carries over during sick leave and can be lost after a certain period, the ECJ found that there was no time limit on the untaken leave that had accrued because of the company’s failure to provide King with his right to paid holiday as a worker. King could claim untaken leave for his 13 years’ engagement. The Court of Appeal will now decide whether the ECJ judgment is consistent with UK law.