After winning the general election last month, the new UK government has started to focus on the implementation of its manifesto pledges, as discussed in our previous alert. The King’s Speech, which took place on 17 July...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
In the case of Duchy Farm Kennels v. Steels, the High Court considered whether a term of confidentiality in a COT3 settlement agreement was a condition of the agreement, in which case a former employee’s breach of that term...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
Was an Employer Liable for an Assault Committed by one of its Employees on Another?
In Bellman v Northampton Recruitment Limited [2018] EWCA Civ 2214, the Court of Appeal considered whether an employer was liable for an...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
All Things Brexit -
Earlier this month, as the latest formal development concerning Brexit, the U.K. government published a White Paper entitled ‘The Future Relationship between the United Kingdom and the European Union’...more
Cosmeceuticals Ltd v Parkin [2017] EAT 0049_17_2706 considered the effective date of termination (EDT) for unfair dismissal purposes where an employee was initially dismissed with immediate effect but subsequently given...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
The annual increases in compensation in the employment tribunals will take effect on 6 April 2018. The new rates apply where the event giving rise to the compensation (such as the termination of employment) occurs on or after...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
In NHS 24 v Pillar UKEATS/0005/16, the Employment Appeal Tribunal (EAT) considered the appropriate scope of an employer’s investigation into alleged misconduct in disciplinary proceedings.
Ms Pillar was employed by NHS 24...more
In JP Morgan Securities v Ktorza [2017] UKEAT 0311-16-1105 the Employment Appeal Tribunal (EAT) considered whether there was a requirement for an employer to establish that an employee’s conduct was culpable when determining...more
In Ssekisonge v Barts Health NHS Trust [2017] UKEAT 0133_16_0203, the Employment Appeal Tribunal (EAT) considered the applicable threshold for determining reasonableness where a dismissal is for some other substantial reason...more
In Stratford v Auto Trail VR Ltd UKEAT/0116/16, the Employment Appeal Tribunal (EAT) considered whether an employer could take into account expired warnings when deciding whether to dismiss an employee.
Mr Stratford held...more
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
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
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
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
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
The annual increases in compensation will take effect on 6 April 2016. The most notable changes are as follows:
- The limit on a week’s pay for the purposes of calculating statutory redundancy payments and the basic...more
In Stimpson v Citibank N.A. ET/3200437/15, Mr Stimpson brought claims for unfair and wrongful dismissal after being dismissed without notice by Citibank N.A. (Citi) for an alleged breach of Citi’s policies on confidential...more
3/1/2016
/ Breach of Contract ,
Citibank ,
Confidential Information ,
Employment Contract ,
Employment Tribunals ,
Fiduciary Duty ,
Foreign Exchanges ,
Hiring & Firing ,
Information Sharing ,
Internal Investigations ,
UK ,
Unfair Dismissal
In Hyde Housing Association Ltd and another v Layton UKEAT/0124/15, the Employment Appeal Tribunal (EAT) considered whether a transfer to multiple new employers could amount to a TUPE transfer.
Mr Layton was employed as...more