Alex Denny

Alex Denny

Faegre Baker Daniels

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Uber Drivers Are Workers, Not Self-Employed Contractors

In the case of Aslam and others v Uber BV ET/2202550/15, the Employment Tribunal considered the employment status of Uber drivers. Uber drivers brought a claim in the Employment Tribunal, alleging that they were workers,...more

12/2/2016 - Employer Liability Issues Employment Tribunals Independent Contractors Misclassification Uber UK Wage and Hour

Unfair Dismissal and Appropriateness of Final Written Warning

In Bandara v British Broadcasting Corporation UKEAT/2016/0335/15/JOJ, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal where the employer had relied on a previous final written warning which was...more

12/2/2016 - Disciplinary Proceedings Gross Misconduct Hiring & Firing UK UK Employment Appeal Tribunal Unfair Dismissal

Enforceability of Restrictive Covenants in Transactional Agreements

In Rush Hair Ltd v Gibson-Forbes [2016] EWHC 2589, the High Court considered the enforceability of two-year restrictive covenants contained in a share purchase agreement. Rush Hair Ltd (Rush), a chain of hairdressing...more

12/2/2016 - Restrictive Covenants Share Purchase Agreements UK

Breaking Brexit News: High Court Decision Carries Potentially Historic Implications

On November 3, 2016, the High Court handed down potentially the U.K.’s most significant constitutional decision of the century. The Court determined that the Government cannot trigger Article 50 of the Lisbon Treaty without...more

11/4/2016 - Article 50 Treaty of the EU EU European Communities Act Member State Referendums UK UK Brexit

Court of Appeal Decision in Lock: Holiday Pay Should Include Commission

The Court of Appeal has given its much anticipated decision in British Gas Trading Ltd v Lock A2/2016/1163. Confirming the earlier decision of the Employment Appeal Tribunal, the Court of Appeal has held that U.K. law should...more

11/1/2016 - Appeals Holiday Pay UK UK Employment Appeal Tribunal Wage and Hour

Discrimination: Sexual Orientation vs Religious Belief

In the case of Lee v Ashers Baking Co Ltd [2016] NICA 39, the Northern Ireland Court of Appeal considered how to treat competing characteristics protected under anti-discrimination law, namely sexual orientation and religious...more

11/1/2016 - Ireland Religious Freedom Sexual Orientation Sexual Orientation Discrimination

TUPE: Service Provision Change

In Salvation Army Trustee Company v Bahi UKEAT/0120/16, the Employment Appeal Tribunal (EAT) considered the correct approach to determining whether activities carried out before and after a service provision change under TUPE...more

11/1/2016 - TUPE UK UK Employment Appeal Tribunal

Can an Expatriate Employee Bring a Claim in the U.K.?

In Jeffery v The British Council UKEAT/0036/16, the Employment Appeal Tribunal (EAT) considered whether an expatriate employee could bring claims under U.K. employment legislation. Mr Jeffery was employed by a public...more

9/29/2016 - Hiring & Firing Jurisdiction UK UK Employment Appeal Tribunal

Disability Discrimination and Protection of Pay

In G4S Cash Solutions (UK) Ltd v Powell UKEAT/0243/15, the Employment Appeal Tribunal (EAT) considered whether reducing an employee’s pay amounted to disability discrimination. Mr Powell could longer perform his role as...more

9/29/2016 - Disability Discrimination Hiring & Firing Reasonable Accommodation UK UK Employment Appeal Tribunal

Was There a Service Provision Change?

In CT Plus (Yorkshire) CIC v Black and others UKEAT/0035/16, the Employment Appeal Tribunal (EAT) considered whether TUPE applied when a park-and-ride service was changed. Hull City Council engaged a bus company called...more

9/29/2016 - TUPE UK UK Employment Appeal Tribunal

Proposed Changes to the Taxation of Termination Payments

Following a consultation on the taxation of termination payments launched in summer 2015, the U.K. government has proposed a number of measures intended to take effect in April 2018, including: - Making all payments in...more

9/6/2016 - Income Taxes National Insurance Contributions PILONs Termination Payments UK

Does the ACAS Code Apply to SOSR Dismissals?

In Phoenix House Ltd v Stockman UKEAT/0264/15, the Employment Appeal Tribunal (EAT) considered whether the ACAS Code of Practice on Disciplinary and Grievance Procedures (Code) applies to dismissals for “some other...more

9/6/2016 - Disciplinary Proceedings Grievance Process Hiring & Firing UK UK Employment Appeal Tribunal Unfair Dismissal

Dress Policy and Religious Discrimination

In Achbita v G4S Secure Solutions NV (Case C-157/15) and Bougnaoui v Micropole SA (Case C-188-15), two Advocate Generals (AG) of the European Court of Justice provided conflicting opinions when considering whether bans on...more

9/6/2016 - Advocate General EU European Court of Justice (ECJ) Freedom of Religion Popular Religious Clothing Religious Discrimination

Territorial Scope of U.K. Discrimination Legislation

In R (Hottak and another) v The Secretary of State for Foreign and Commonwealth Affairs [2016] EWCA Civ 438, the Court of Appeal considered the territorial reach of U.K. discrimination legislation. The claimants were two...more

8/1/2016 - Discrimination Employment Contract UK

Subconscious Discrimination in the Workplace

In Geller v Yeshurun Hebrew Congregation UKEAT/2016/0190, the Employment Appeal Tribunal (EAT) considered the concept of subconscious discrimination under U.K. discrimination law. Mr and Mrs Geller worked for the...more

8/1/2016 - Sex Discrimination UK UK Employment Appeal Tribunal Wage and Hour

Constructive Dismissal and Managing Departures

In Gibbs v Leeds United Football Club Ltd [2016] EWHC 960 (QB), the High Court considered whether changes to an employee’s duties amounted to a fundamental breach of contract entitling him to bring a claim for constructive...more

8/1/2016 - Breach of Contract Dismissals Employment Contract Job Duties UK

Meaning of "Philosophical Belief" Under U.K. Discrimination Law

In Harron v Dorset Police UKEAT/0234/15/DA, the Employment Appeal Tribunal (EAT) considered the scope of "philosophical belief" for the purposes of U.K. discrimination law. Mr Harron worked for the Dorset police force....more

7/1/2016 - Discrimination Employment Tribunals UK

Employment Status and Mutuality of Obligations

In Secretary of State for Justice v Windle and Arada [2016] EWCA Civ 459, the Court of Appeal considered whether the absence of mutuality of obligation between assignments was relevant in determining an individual’s...more

7/1/2016 - Appeals Hiring & Firing Race Discrimination UK

Reinstatement Following Dismissal

In McBride v Scottish Police Authority [2016] UKSC 27, the Supreme Court considered whether an Employment Tribunal had been wrong to order the reinstatement of an employee on restricted duties. The Employment Tribunal...more

7/1/2016 - Employment Contract Employment Tribunals Hiring & Firing UK Unfair Dismissal

Brexit: What to Expect and How to Prepare for the ‘New Normal'

The U.K. has voted, in a popular referendum, to leave the EU. The referendum is not legally binding and the result was extremely narrow: 51.9 percent in favor of leaving, 48.1 percent in favor of remaining. This partly...more

6/28/2016 - EEA EFTA EU European Patent Office European Union Trade Mark (EUTM) Fund Managers General Data Protection Regulation (GDPR) Investment Funds Member State Popular Referendums UK UK Brexit

Fair Dismissal Where No Proof of Right to Work in U.K.

In Nayak v Royal Mail Group Ltd UKEATS/0011/15, the Employment Appeal Tribunal (EAT) considered whether the dismissal of an employee who had failed to provide evidence of his right to work in the U.K. was fair. Mr Nayek...more

6/1/2016 - Dismissals UK UK Employment Appeal Tribunal Unfair Dismissal Work Visas

Right to Privacy in Disciplinary Proceedings

In Garamukanwa v Solent NHS Trust UKEAT/0245/15, the Employment Appeal Tribunal (EAT) considered whether an employee had a reasonable expectation of privacy in respect of material on his mobile phone during disciplinary...more

6/1/2016 - Disciplinary Proceedings Email Gross Misconduct Mobile Privacy UK UK Employment Appeal Tribunal

Update on Holiday Pay: Commission and Overtime

In the continuing litigation on holiday pay, the Employment Appeal Tribunal (EAT) in British Gas Trading Ltd v Lock UKEAT/0189/15 has confirmed that U.K. law should be interpreted in line with EU law which requires commission...more

6/1/2016 - Appeals Employee Commissions Holiday Pay UK UK Employment Appeal Tribunal Wage and Hour

Dismissal for "Pulling a Sickie" Was Fair

In Metroline West Ltd v Ajaj UKEAT/0185/15/RN, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal of an employee who had exaggerated his sickness. Mr Ajaj was employed as a bus driver for...more

5/2/2016 - Disciplinary Proceedings Gross Misconduct Hiring & Firing UK UK Employment Appeal Tribunal Unfair Dismissal

Non-Compete Restriction Held To Be Unenforceable

In Bartholomews Agri Food Ltd v Thornton [2016] EWHC 648 (QB), the High Court considered whether a non-compete post-termination restriction was an unlawful restraint of trade. Bartholomews Agri Food Ltd (Bartholomews)...more

5/2/2016 - Former Employee Hiring & Firing Non-Compete Agreements Restraint of Trade Restrictive Covenants UK

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