Workplace Law - October 2017

The workplace as we know is ever evolving so make sure you are up to date with the latest issues in the workplace by reading this edition where we consider the ECJ ruling on discrimination for Greek police, previous incidents at work being considered in a misconduct dismissal and the taxation position of termination payments from April 2018.

From 6 April 2018 all payment in lieu of notice payments are taxable

At present, when an organisation exits an employee certain payments (Termination Payments) fall into two categories, taxable and non-taxable.

One of the most common Termination Payments is a payment in lieu of notice (PILON), i.e. a payment equivalent to the balance of the employee’s notice period without them having to work it.

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Taking into account previous incidents when dismissing an employee for misconduct

Making the decision to dismiss an employee for misconduct can be difficult and organisations usually draw upon previous incidents to assist their decision.

As we all know, expired warnings left on record from previous disciplinary hearings cannot be the determining factor in a decision to dismiss but what about previous incidents that did not result in disciplinary proceedings? Arguably a contentious area, as the employee may consider the matter(s) to have been resolved without need for disciplinary action!

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Greek police are coming up short on discrimination

In a recent ruling, the European Court of Justice (ECJ) found that a minimum height requirement for applicants to the Greek police force fell short of what EU law required. This is case is a useful reminder that using a one-size-fits-all approach is not rarely an appropriate way of dealing with issues.

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