Emma Thomas

Emma Thomas

K&L Gates LLP

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Case Alert: Employee Unfairly Dismissed for Going to Work Smelling of Alcohol

What happened? In McElroy v Cambridgeshire Community Services NHS Trust, an Employment Tribunal decided that the summary dismissal of a healthcare assistant for coming to work smelling of alcohol was unfair. Mr McElroy was...more

7/1/2015 - Disciplinary Proceedings Hiring & Firing Substance Abuse Termination UK Wrongful Termination

Case Alert: Employee Fairly Dismissed for Contacting the Information Commissioner's Office Against Instructions

What happened? In Barton v Royal Borough of Greenwich, the Employment Appeal Tribunal (the "EAT") decided that an employee was fairly dismissed for misconduct after failing to adhere to his employer's instructions not to...more

6/16/2015 - Data Breach Data Protection Hiring & Firing Internal Investigations Termination UK UK Employment Appeal Tribunal Whistleblower Protection Policies Whistleblowers

Collective Redundancies: ECJ Clarifies Meaning of "Establishment"

What happened? Under the Trade Union and Labour Relations (Consolidation) Act 1992 (the "Act"), if an employer proposes to make large scale redundancies of 20 or more employees at one establishment within a period of 90 days...more

5/14/2015 - Collective Redundancy Consultations EU European Court of Justice Hiring & Firing

Whistleblowing: Meaning of "Public Interest" Test

What happened? The UK's whistleblowing legislation protects employees from being subjected to any detriment or dismissal that arises as a result of that employee making a "qualifying disclosure" of information to his...more

5/6/2015 - Public Interest Public Interest Disclosure Act UK UK Employment Appeal Tribunal Whistleblower Protection Policies

Reasonable, Not Perfect, Efforts Required to Avoid Having Constructive Knowledge of an Employee's Disability

What happened? Under the Equality Act 2010, employers are required to make reasonable adjustments where they know, or "ought reasonably to know", that an employee has a disability. This is commonly referred to as actual or...more

4/23/2015 - Actual or Constructive Knowledge ADA Disability Employer Liability Issues Reasonable Accommodation UK Employment Appeal Tribunal

Case Alert: Failure to Pay Bonus to Disabled Employee Was Discrimination

What happened? In the recent case of Land Registry v Houghton the Employment Appeal Tribunal (EAT) ruled that an employer had discriminated against disabled employees by operating a bonus scheme which disqualified employees...more

3/30/2015 - Bonuses Disability Discrimination Disabled Medical Leave UK Employment Appeal Tribunal

Case Alert: Overseas Worker Protected By UK Employment Law

What happened? The Employment Appeal Tribunal (EAT) recently decided that an Australian citizen, working remotely from Australia for a British company, was entitled to bring unfair dismissal and whistleblowing claims...more

2/11/2015 - Australia Employer Liability Issues UK UK Employment Appeal Tribunal Whistleblowers Wrongful Termination

Case Alert: Dismissal for Non-Work Related, Personal Tweets

What happened? In Game Retail Ltd v Laws, the Employment Appeal Tribunal (EAT) decided that an employer had acted reasonably when dismissing an employee for use of his personal Twitter account for non-work related but...more

2/6/2015 - Adverse Employment Action Employer Liability Issues Offensive Language Reputation Management Twitter UK Employment Appeal Tribunal

Case Alert: Reasonable Adjustments in the Workplace

What happened? In Dyer v London Ambulance NHS Trust, the Employment Appeal Tribunal (EAT) decided that no reasonable adjustment could have been made for an employee who had a potentially life-threatening sensitivity to...more

1/26/2015 - Employer Liability Issues Employment Tribunals Reasonable Accommodation UK Workplace Safety

Case Alert: The Duty to Offer an Alternative Vacancy to Women on Maternity Leave

In Sefton Borough Council v Wainwright, the Employment Appeal Tribunal (EAT) held that employers must offer a woman on maternity leave a suitable alternative vacancy when they first become aware that her role is redundant or...more

12/18/2014 - Employment Tribunals Maternity Leave UK

Legal Update: Shared Parental Leave

What happened? The Shared Parental Leave Regulations 2014 came into force on 1 December 2014 and will apply to children whose expected week of birth or placement for adoption is on or after 5 April 2015. The...more

12/9/2014 - Employee Rights Parental Leave UK

Case Update: Workers will not Appeal Holiday Pay Overtime Ruling

We recently reported on the Employment Appeal Tribunal’s (EAT) important decision on the calculation of holiday pay. This decision established that payments in respect of “non-guaranteed overtime” must be taken into account...more

12/5/2014 - Employment Tribunals Holiday Pay UK Wage and Hour

Case Alert: EAT Rules that Holiday Pay Includes Allowances and Non-Guaranteed Overtime

In a landmark decision, the Employment Appeal Tribunal (EAT) has decided that payments in respect of “non-guaranteed overtime”, which is overtime that an employer is not required to offer, but an employee is required to work...more

11/17/2014 - Employer Liability Issues Employment Tribunals Holiday Pay UK Unpaid Overtime

Case Alert: Territorial Jurisdiction and Establishing a Sufficiently Strong Connection with Great Britain

In Creditsights Ltd v Dhunna the Court of Appeal restored an employment judge’s decision that the employment tribunal did not have jurisdiction to hear claims brought by an employee working abroad. Mr Dhunna was employed by...more

10/15/2014 - Employment Tribunals Jurisdiction UK

Sunrise Brokers LLP v Rodgers: responding to an employee's breach of contract

What happened? In Sunrise Brokers LLP v Rodgers, the High Court decided that an employer could refuse to allow an employee to resign in breach of contract and instead hold him to the terms of his contract. This meant...more

9/8/2014 - Breach of Contract Employment Contract UK

Case alert: Failure to interview disabled employee amounted to disability discrimination

In London Borough of Southwark v Charles, the EAT decided that the London Borough of Southwark (the "Borough") had failed in its duty to make reasonable adjustments when it refused to assess by other less formal means the...more

8/27/2014 - Disability Disability Discrimination Employer Liability Issues Hiring & Firing Interviews Job Applicants UK

Hershaw v Sheffield City Council

What happened? In Hershaw v Sheffield City Council, the EAT decided that a letter increasing employees' pay was legally binding on the employer, even though the consultant who sent it had no authority to make a...more

7/31/2014 - Employer Liability Issues UK Wages

When can a mandatory retirement age be justified?

In Seldon v Clarkson Wright & Jakes, the EAT decided that a partnership's mandatory retirement age (MRA) of 65 for partners was a proportionate means of achieving the partnership's legitimate aims of workforce planning and...more

7/16/2014 - ADEA Age Discrimination Retirement Retirement Plan

Case Alert: What LLPs need to do following the Clyde & Co decision

In Clyde & Co LLP v Bates van Winkelhof, the Supreme Court decided that a member of an LLP (who was also a full equity partner) was a “worker” for the purposes of whistleblowing legislation. Although the judgment does not...more

6/26/2014 - Clyde & Co v van Winkelhof Employee Definition Equity Partners Members SCOTUS Whistleblowers

Case Alert: Reynolds v CLFIS (UK) Limited

What happened? In Reynolds v CLFIS (UK) Limited, the EAT decided that in discrimination cases, the mental processes of all employees who have significantly influenced the alleged discriminatory decision are relevant,...more

6/18/2014 - Discrimination Employer Liability Issues UK

Case Alert: Lock v British Gas Trading Limited

What happened? In Lock v British Gas Trading Limited, the ECJ decided that where an employee's remuneration includes commission, the employee's holiday pay should include the commission that would have been generated...more

6/5/2014 - ECJ Holiday Pay Remuneration Wage and Hour Wages

Case Alert: Covert recordings of private discussions at disciplinary and grievance hearings could be admissible evidence

What happened? In Punjab National Bank (International) Ltd and others v Gosain, the EAT decided that covert recordings made by an employee of public and private discussions at her disciplinary and grievance hearings...more

3/20/2014 - Audio Recording Banks Surveillance UK

Case Alert: Victimisation by a former employer is unlawful

What happened? An employee who claims discrimination is protected against victimisation by the employer, which means that the employee has the right not to be treated less favourably by the employer because of the fact...more

3/10/2014 - Discrimination Employee Rights UK

Case Alert: Employer not liable for customer assault

In Mohamud v WM Morrison Supermarkets plc, the Court of Appeal decided that the employer was not vicariously liable for an employee’s assault on a customer. The fact that the employee was given exposure to customers as part...more

2/28/2014 - Assault Employer Liability Issues Vicarious Liability

Case Alert: Highlighting the dangers of driving in snow can make you a whistleblower

In Norbrook Laboratories (GB) Ltd v Shaw, the Employment Appeal Tribunal (EAT) decided that three emails from a manager raising concerns about the dangers of driving in snow amounted to a ‘qualifying disclosure’, thereby...more

2/6/2014 - Training Whistleblowers

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