Tesco Restrained From ‘Firing and Rehiring’ Employees In USDAW and ors v Tesco Stores Ltd [2022] EWHC 201 (QB), the High Court (HC) granted an injunction to restrain U.K. supermarket giant, Tesco, from ‘firing and rehiring’...more
Recent Employment Tribunal (ET) decisions have shed light on the risks that can arise for employers where employees refuse to attend the workplace because of COVID-19 concerns. We consider below how ETs have dealt with claims...more
Disability Discrimination: Was the Discrimination ‘Because Of’ Disability or ‘But For’ Disability?
In Robinson v Department for Work and Pensions [2020] EWCA Civ 859, the Court of Appeal provided helpful guidance on the...more
Was an Employer Liable for an Employee’s Discriminatory Acts on Social Media?
In Forbes v LHR Airport Ltd UKEAT/0174/18/DA, the Employment Appeal Tribunal (EAT) considered whether an employee’s discriminatory acts on...more
Do Disciplinary Proceedings Have to Wait Until a Criminal Investigation Is Completed?
In North West Anglia NHS Foundation Trust v Gregg [2019] EWCA Civ 387, the Court of Appeal considered whether conducting disciplinary...more
TUPE: Pre-Transfer Dismissal Was Automatically Unfair -
In Hare Wines Ltd v Kaur [2019] EWCA Civ 216, the U.K.’s Court of Appeal considered whether the dismissal of an employee immediately before a transfer under the...more
If Accrued Holidays Are Not Used, Will They Be Lost?
In the cases of Kreuziger v Berlin (C-619/16) EU:C:2018:872 and Max-Planck-Gesellschaft zur Forderung der Wissenschaften eV v Shimizu (C-684/16) EU:C:2018:874, the...more
A Year on: The Continued Rise of Employment Tribunal Claims -
The U.K.’s Ministry of Justice has published its quarterly Employment Tribunal statistics for April to June 2018. These quarterly statistics are of particular...more
Court of Appeal: Disability Discrimination & Reasonable Adjustments -
In United First Partners Research v Nicolas Carreras [2018] EWCA Civ 323 the Court of Appeal considered whether an expectation (rather than a...more
In Hale v Brighton & Sussex University Hospitals NHS Trust UKEAT/0342/16/LA the Employment Appeal Tribunal (EAT) considered whether a disciplinary process was a one-off act or an ongoing act in the context of U.K....more
The Vento bands for “injury to feelings” awards in discrimination claims have been increased. The new figures, applicable to claims issued on or after 6 April 2018, are as follows: -
Lower band, for the least serious...more
The U.K.’s Ministry of Justice has published its quarterly Employment Tribunal statistics for October to December 2017. These are the second set of statistics released since the landmark Supreme Court ruling in July 2017...more
The U.K. government has this month issued a response to the Taylor Review of Modern Working Practices (the Review), a report commissioned by the government which analysed the U.K.’s changing employment landscape. ...more
In Lopez Ribalda & Ors v Spain (Application nos. 1874/13 and 8567/13) the European Court of Human Rights (ECtHR) held that the installation of and reliance on covert surveillance at work was a breach of the workers’ right to...more
In The Chief Constable of Norfolk v Coffey [2017] UKEAT 0260_16_1912 the Employment Appeal Tribunal (EAT) considered whether someone who was not disabled could succeed in a disability discrimination claim on the basis that...more
In Rochford v WNS Global Services (UK) Ltd [2017] EWCA Civ 2205 the Court of Appeal considered whether an employer’s discriminatory demotion justified an employee’s refusal to carry out any work.
Mr Rochford was employed...more
In Graham v Agilitas IT Solutions Ltd (UKEAT/0212/17), the Employment Appeal Tribunal (EAT) considered whether an employer could cherry-pick which parts of a meeting were covered by the “without prejudice” privilege.
Mr...more
In Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 the Court of Appeal considered whether an employee who had made protected disclosures had been unfairly dismissed by a manager who was unaware that the employee had made such...more
The Good Work: The Taylor Review of Modern Working Practices (the Review), an independent report commissioned by the U.K. government to analyse the changing employment landscape, was published on 11 July 2017....more
In the case of MPT Group Limited v Peel [2017] EWHC 1222 (Ch), the High Court examined whether departing employees were required to disclose their intention to compete after the expiry of their restrictive covenants.
The...more
In the case of Government Legal Services v Brookes [2017] UKEAT/0302/16/RN, the Employment Appeal Tribunal (EAT) considered whether a job applicant with Asperger’s Syndrome was discriminated against due to the requirement to...more
In Capita Translation & Interpreting Limited v Siauciunas [2017] UKEAT 0181_16_2302, the Employment Appeal Tribunal (EAT) considered the employment status of an interpreter.
Mr Siauciunas was an interpreter for Capita...more
The Employment Appeal Tribunal (EAT)’s decision in Tees Esk & Wear Valleys NHS Foundation Trust v Harland [2017] UKEAT 0173_16_0303 sheds new light on the factors to consider in determining whether there has been a service...more