Articles by Alison Downie

Tinker Taylor: The Taylor Review – can Government make work good?

It’s said that you can’t please all the people all the time and nowhere is this more evident, perhaps, than in the eternal struggle between master and servant, employer and employee; and now taskmaster and gig-er. The terminology and technology may change over time but the fundamental employment challenges in the 21st century remain much […]


Pimlico Plumbers and Mr Smith – latest judgment: self employed contractor entitled to holiday leave and pay as a “worker”

Judgement was recently given by the Court of Appeal on a landmark case in the field of employment, Pimlico Plumbers and Mullins v Gary Smith, which has been working its way though the courts. It has put plumbers engaged with Pimlico in the spotlight for similar reasons as for other groups working within the “gig […]

Gender pay gap reporting: what’s required – and when?

This month the Government published its response to the summer 2015 consultation on ‘Closing the Gender Pay Gap’ and the new draft regulations –  draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016. The response and the draft regulations lay out the framework for the new compulsory gender pay gap reporting regime, likely to […]


More challenges to taxation of Settlement Agreement payments?

In a tax case just published, the Tax Chamber of the First Tier Tribunal has made an important decision which will have impact for employees and for employers in the tax treatment of certain types of compensation payments to employees on the termination of employment. In A –v Commissioners for HM Revenue & Customs the […]

Obesity: Is It a disability or not? New discrimination law?

A case is currently being considered by the Court of Justice of the European Union concerning obesity and a ruling is expected shortly. Whichever way the Court decides, this will be an important decision for UK employers and employees. Below we confirm the current UK law on this tricky issue and the reasons this might […]


Occupation Health Reports – Opinion That Employee Not Disabled Under The Equality Act 2010 Does Not Give an Employer a Defence For Failing To Make Reasonable Adjustments

In the recent case of Gallop and Newport City Council (2013 EWCA) the Court of Appeal decided that an employer cannot simply rely on their Occupational Health adviser’s opinion that an employee is not disabled under the discrimination legislation to avoid liability to make reasonable adjustments. Under the Equality Act 2010 employers have a duty […]

Agency Workers – Tribunal Decides “Swedish Derogation” Lawful for Maintaining Pay Difference between Permanent and Agency Workers

An Employment Tribunal has decided that a temporary work agency which transferred a group of agency workers off zero hours contracts onto guaranteed hours contracts did in fact comply with the Agency Workers Regulations 2010 and that the Swedish Derogation could be relied upon [Bray and others v Monarch Personnel Refuelling (UK) Ltd ET/1801581/12 and others].


Employment Law – What to Expect in 2013

The Government has a wide variety of new legislation currently going through Parliament, which it intends to bring into force next year. This should make for a very interesting and challenging 2013 in the employment and discrimination arena