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Employment Law Blog

7 April 2016

FCA 2016-17: Culture and Governance take centre stage but AML and financial crime remain key priorities

The Financial Conduct Authority published its Business Plan for 2016-17 on 5 April. Underlining its aim to ensure that the UK has an effective, innovative and trusted financial sector which meets the needs of its users, a number of core priorities for the coming year were set out.  Louise Hodges and Julie Matheson examine what’s on the agenda for the next 12 months. 

Louise Hodges

5 April 2016

The tax treatment of settlement payments: Are payments made to employees on account of injury to feelings, discrimination or termination of employment, subject to tax?

In the Upper Tribunal (Tax and Chancery Chamber) case of Moorthy v Commissioners for HMRC, the Upper Tribunal overruled earlier Employment Appeal Tribunal decisions in relation to the taxable status of payments made on account of injury to feelings and provided guidance on the taxable status of payments made on account of injury to feelings, discrimination or termination of employment. It was held that “where payments are made directly or indirectly in consideration or in consequence of, or otherwise in connection with the termination of employment”, they are subject to tax. Therefore, any compensation received in connection with termination of employment is taxable (unless an exemption is applicable such as the usual £30,000 exemption, or the injury/disability exemption). 

5 April 2016

Peninsula Business Services v Donaldson: Childcare Vouchers not a “Benefit” says EAT

Childcare vouchers are a fundamental benefit for many working parents throughout the country, enabling them to save up to £933 each year. The scheme is largely regarded as mutually beneficial, with the employee benefitting from tax-free childcare and the employer retaining more women in the workplace. 

24 March 2016

Mohamud v Morrison Supermarkets plc & Cox v MoJ

On 10 September 2007, a prisoner working in the kitchens of HM Prison Swansea negligently dropped a sack of rice onto the back of Mrs Cox, causing her injury. On 15 March 2008, in a totally unrelated incident, a Morrisons petrol station employee carried out a brutal and seemingly racially motivated attack on Mr Muhammed in response to a request to print some documents from a memory stick. On 12 October 2015, five justices of the Supreme Court heard submissions relating to both incidents and, five months later, gave complementary judgements clarifying the apparently inevitably imprecise law of vicarious liability. 

8 March 2016

Senior President of Tribunals’ Annual Report 2016 - Fees, fair representation and a digitised future

Times are changing. That is the resounding theme of the 2016 Senior President of Tribunals’ Annual Report. Sir Ernest Ryder, newly appointed Senior President, views the £700 million of Government funding promised for the reform of tribunals as an opportunity to improve the allocation of work, to modernise tribunal buildings and to develop outdated IT systems, bringing them into line with current practices. These changes should increase judicial efficiency and, as a result, facilitate greater access to justice. “Digital by default” is the direction provided by Sir Ryder, heralding the roll out of laptops, tablets and mobile phones to tribunals and members of the judiciary.

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