Newsletter Issue 80

Procurement: Guidance on the social and environmental aspects of the PCR 2015
Employment: National Minimum Wage (Workplace Internships) Bill 2016-17, TUPE: activities ‘ fundamentally the same’
Property: Houses in Multiple Occupation Consultation
Governance: NI Court of Appeal upholds discrimination decision; CMA: unfair terms guides updates, Health and Safety: The requirement to conduct risk assessments
FAQ: Employment: Do employers have to accommodate employees who are breastfeeding? Read Full Article…

Do employers have to accommodate employees who are breastfeeding?

There is no statutory right to time off for breastfeeding or expressing milk. There are, however, health and safety provisions, and useful guidance. The recent employment tribunal case of McFarlane and another v easyJet Airline Company Ltd ET/1401496/15 & ET/3401933/15 is an interesting case, as there are few tribunal decisions on this issue. Whilst this case is not binding on other tribunals, it does make clear that employers must at least consider accommodating the needs of breastfeeding employees. Read Full Article…

Health and Safety: The requirement to conduct risk assessments

The Health and Safety Executive recently raised concerns that many employers view the need to conduct risk assessments as something different from the day to day requirements of running a business. Employers have a legal duty to carry out a suitable and sufficient assessment of risks to the health and safety of their employees at work, and of risks to others (such as students, the public, really anyone who is affected by the employer’s activities). Read Full Article…

CMA: Unfair terms guides update

The Competition and Markets Authority (CMA) has supplemented its series of short-form guides on the issue of unfair terms in consumer contracts, published in March 2016 and covered in Issue 76 of our Newsletter, with a number of animated videos. The guides and videos complement the guidance published by the CMA in October 2015, when the main provisions of the Consumer Rights Act 2015 came into force. Read Full Article…

NI Court of Appeal upholds discrimination decision

In the case of Lee v McArthur [2016] NICA 39, the Court of Appeal in Northern Ireland upheld a County Court decision that a bakery’s refusal to provide a cake displaying a slogan supporting same-sex marriage amounted to direct discrimination under the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 (the Regulations). The appellants have indicated that they want the case to be heard by the UK Supreme Court, and are seeking legal advice on the matter. Read Full Article…