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Equal pay, reasonable adjustments & tortious liabilities: Ian Smith considers recent cases putting the cat among the legal pigeons
- Market forces may justify unequal pay where recruitment and retention needs establish a legitimate, proportionate material factor defence.
- Individuals may be liable for failures to make reasonable adjustments; unfair dismissal decisions must identify the actual reason before assessing its reasonableness.
- TUPE transfers tortious liabilities owed to employees, but does not transfer liability for injuries caused to third parties.
The last month saw the fifth commencement order for the Employment Rights Act 2025, bringing into force the amendments to the existing legislation to raise the time limit for tribunal proceedings from three months to six. These provisions crop up all over the legislation and so the amendments were numerous.
The other news here was that the government put back the commencement of the new obligation on employers to give staff notice of their right to join unions from October to January next year. As a result, they have reissued their
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