CIPP Payroll: need to know 2018-2019

A report from the BBC states that Farah Alhajeh, 24, was applying for a job as an interpreter when she declined to shake the hand of a male interviewer for religious reasons. She placed her hand over her heart in greeting instead.

The Swedish labour court ruled the company had discriminated against her and ordered it to pay 40,000 kronor ($4,350; £3,420) in compensation.

Reportedly some Muslims avoid physical contact with members of the opposite sex, except for those in their immediate family. However handshakes are traditional in Europe. Additionally, anti-discrimination legislation may forbid companies and public bodies from treating people differently because of their gender. Sweden's discrimination ombudsman's office, which represented 24-year-old Ms Alhajeh, said the judgement had taken into account "the employer's interests, the individual's right to bodily integrity, and the importance of the state to maintain protection for religious freedom".

Read the full report from BBC News.

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Agency Workers and zero-hours contracts 23 August 2018

The Employment Appeal Tribunal has ruled that an employee on a zero-hours contract can be an agency worker if the position is temporary rather than permanent.

With thanks to Daniel Barnett's Employment Law Bulletin for its coverage of this case.

In the case Matei v Brooknight Guarding Limited, the Claimant was employed as a security guard on a 'zero hours contract' by the Respondent. He was assigned to different sites for different clients as and when required but he worked mostly for one particular client, Mitie. He was dismissed after 21 months. The Claimant claimed that he was an agency worker, and therefore entitled to the same basic working conditions as the Mitie staff after 12 weeks' service. The tribunal agreed, on the basis that he had been supplied to work temporarily for the hirer (Mitie) and worked under their supervision and direction. His employer appealed. The EAT upheld the tribunal's decision on 'employee status'. The employer argued that the fact he worked on a zero hours contract did not necessarily mean he could not be a permanent employee. The EAT rejected this. The position was temporary as it was not permanent or indefinite. The tribunal had adopted the correct approach to this, and even the employer's evidence suggested that the arrangement had been temporary.

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Agency director ordered to pay back workers after pleading guilty to withholding wages 30 August 2018

A former director of an employment agency must pay compensation to 2 workers and fines totalling £5,154 after a government prosecution.

Nicholas Brown the former director of Cotterell and Gifford employment agency pleaded guilty to 4 charges including withholding wages and failing to give information to workers. He has been ordered to pay wages and expenses totalling £5,145 at a hearing at Bristol Magistrates’ Court. He has also been disqualified from being a director for 5 years.

The prosecution comes after the Employment Agency Standards Inspectorate (a government body that enforces rights on behalf of agency workers) launched an investigation based on a worker complaint.

The Chartered Institute of Payroll Professionals

Payroll: need to know

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