Employment and Pensions Law (28 January – 11 February)

Ellie MacKenzie

February 11, 2019

Employment News

The Court of Appeal has upheld an EAT decision that Asda’s lower-paid, predominantly female retail staff can compare themselves to higher-paid, mainly male, distribution depot staff

Lewis Silkin – 7 February 

The Court of Appeal has upheld an Employment Appeal Tribunal (EAT) decision that Asda’s retail staff, who are predominantly female, can compare themselves to the distribution depot staff, who are mostly male, in terms of pay equality. Asda will now have to pay the retail staff a wage equal to that of the distribution staff.


MPs call on government to ban unpaid work trials

People Management – 7 February 

A recent parliamentary debate has called for a ban on unpaid labour, and tighter laws to accompany this. Unpaid trial shifts were discussed, although the Unpaid Trial Work Periods (Prohibition) Bill put forward by MP Stewart McDonald of the Scottish National Party, has been stalled in parliaments since March 2018.


Majority of working parents taking on unpaid overtime to keep up with workload

People Management – 5 February 

A survey conducted as part of the annual report, 2019 Modern Families Index, has revealed that 78% of the 2,750 working parents who responded, must work unpaid overtime to keep on top of their workload. Experts have called upon employers to offer flexible working hours and to make sure jobs are more ‘human-sized’.


Pensions News

Mismanaging pensions to become criminal offence

FT Adviser – 11 February 

Amber Rudd, the secretary for Work and Pensions, has revealed new rules, one of which will make mismanaging pensions a criminal offence. Employers who put their staff pensions at risk could face up to seven years in prison. The courts will also have the power to levy unlimited fines.


It's too hard to verify child benefit claims older than three months, says government to petitioners on mums' state pension rights

This is Money – 8 February 

The government has responded to a petition campaigning against parents, predominantly women, losing out on their pension credits because they did not sign up for child benefit. The government has stated that it is currently producing more information to better inform people of their rights, but can only allow claims to be backdated three months.


DWP pension data not fit for purpose

FT Adviser – 8 February 

A recent government commissioned report, ‘Planning and preparing for later life: A social survey feasibility study' has recommended the Department for Work and Pensions (DWP) should conduct a ‘bespoke, cross-sectional survey of 40 to 75 year olds, repeated every three to five years’. Current stats collected are not deemed ‘fit for purpose’.