Labour & European Law Review
15 September 2011
Acas, the conciliation service, has published a new report looking at how social networking is influencing relations in the workplace and the conduct of some industrial disputes.
Section 98(4) of the Employment Rights Act 1996 states that having established a reason for dismissing someone, employers still have to show it was reasonable in all the circumstances. In Garside and Laycock Ltd v Booth, the Employment Appeal Tribunal (EAT) said that Tribunals must focus on the reasonableness of the employer’s decision to dismiss someone for refusing to accept a pay cut, not on whether it was reasonable for the employee to resist it.
Employers can justify a difference in pay between a man and a woman if they can show they have a genuine material factor (GMF) defence. In Skills Development Scotland Co Ltd v Buchanan and Holland, the Employment Appeal Tribunal (EAT) said that once the employer has established a genuine explanation not tainted by sex, they don’t need to do anything else to resolve the difference in pay.