Professional employer organizations (PEOs) are third-party organizations engaged by companies, usually domiciled in one country, to directly employ individuals based in another country. Such arrangements are being...more
Summary - In the latest of a long line of cases relating to the calculation of holiday pay, the Court of Appeal has given a very significant decision that will impact all employers who engage independent contractors....more
With everything else going on, it is important not to forget that changes to the off-payroll working rules (commonly known as IR35) are due to come into effect on 6 April 2021, imposing new legal obligations on businesses...more
The legislation has been hailed for blazing a trail globally with nations from Australia to India poised to pass similar laws as the world seeks to meet a United Nations goal of ending by 2030 a crime estimated to enslave at...more
Although much of the UK’s current employment law framework derives from the EU, it seems unlikely that the UK’s exit from the EU would result in significant legal changes, at least in the short term. There are several reasons...more
Please find below our “Brexit Bites” which are intended to cover the critical issues at play in the event that the British people vote on 23 June to leave the European Union.
Whilst it is unlikely that the UK’s exit from...more
In Pnaiser v NHS England and Coventry City Council, the Employment Appeal Tribunal (the "EAT") ruled that to make a successful claim of disability discrimination, the employee need show only that the disability was part of...more
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
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
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
What happened? In Rai v Legal & General Assurance Society [2015] EWHC 170, the English High Court decided that coverage was not available under an employee benefits insurance policy due to the operation of an exclusion in...more
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
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
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
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
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
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
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
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
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
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
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
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
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
What happened?
In Gallop v Newport City Council, the Court of Appeal decided that the employer should not have relied on an occupational health advisor’s unsupported statement that an employee was not disabled for the...more