The King’s Speech confirms that the UK government will introduce an Employment Rights Bill into Parliament in the next session. This should be published within 100 days. Although the Speech and supporting papers provide more...more
An employee will succeed with an indirect sex discrimination claim if she can show that her employer applied a provision, criterion or practice (PCP) that put women (including the employee) at a disadvantage when compared...more
First tribunal guidance on "serious and imminent" danger in context of COVID-19 -
In Rodgers v Leeds Laser Cutting Ltd the Employment Tribunal considered whether an employee had been unfairly dismissed for refusing to attend...more
4/26/2021
/ Adverse Employment Action ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
UK ,
Unfair Dismissal ,
Unfair Labor Practices ,
Workplace Safety
Split the difference - CJEU decision on fragmentation applies to service provision changes -
When a contract is retendered, services that were originally provided by a single contractor may be divided between two or more...more
Way ahead – Roadmap for employment tribunals published:
The Presidents of the Employment Tribunals have published a roadmap outlining a plan for increasing the number of employment tribunal hearings that can take place...more
Turning a blind eye – one-off act not a PCP -
In Ishola v Transport for London the Court of Appeal confirmed that it was not a provision, criterion or practice to require an employee to return to work before a proper...more
2/26/2020
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Grievance Process ,
Gross Misconduct ,
Hiring & Firing ,
International Labor Laws ,
Labor Law Violations ,
New Guidance ,
Non-Disclosure Agreement ,
Return-to-Work Agreements ,
UK ,
Unfair Dismissal
Gathering clouds – flawed investigation made dismissal unfair -
In Sunshine Hotel Ltd t/a Palm Court Hotel v Goddard the EAT agreed that failing to hold an investigatory meeting does not necessarily make a dismissal...more
1/13/2020
/ Employee Misconduct ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Hiring & Firing ,
International Labor Laws ,
Job Promotions ,
Labor Regulations ,
Legislative Agendas ,
Regulatory Agenda ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal ,
Workplace Investigations
Space invaders – parking policy relevant to reasonable adjustments claim -
In Linsley v Commissioners for Her Majesty's Revenue and Customs the EAT confirmed that the employer's parking policy should not have been...more
4/15/2019
/ Appeals ,
Collective Bargaining ,
Disability Discrimination ,
Disciplinary Proceedings ,
Employer Liability Issues ,
Employment Policies ,
International Labor Laws ,
Parking Lots ,
Reasonable Accommodation ,
Trade Unions ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal
No objection – TUPE was principal reason for dismissal -
In Hare Wines Ltd v Kaur, the Court of Appeal confirmed that a TUPE transfer was the principal reason for an employee's dismissal, despite the employer's evidence...more
3/4/2019
/ Disability ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Tribunals ,
Hiring & Firing ,
International Labor Laws ,
TUPE ,
UK ,
Unfair Dismissal ,
Wage and Hour
Looking back – limited appeal investigation not unfair -
It was not unfair for an employer to place limits on a disciplinary appeal investigation where the employee's representative had agreed to this, according to the EAT...more
No right to dismiss where employee entitled to disability payments -
In Awan v ICTS UK Limited the EAT confirmed that there was an implied term in the employee's contract that his employer would not dismiss him for...more
Weekly newsletter on employment matters.
In this weeks issue:
- Ask the question – employee not necessarily required to suggest bumping...
- I work from 9 to 5 – no injury to feelings compensation for breach of...more
3/26/2018
/ Employer Liability Issues ,
Employment Litigation ,
Father's Rights ,
Hiring & Firing ,
International Labor Laws ,
Paid Time Off (PTO) ,
Parental Leave ,
Redundancy Dismissals ,
Rest and Meal Break ,
UK ,
Unfair Dismissal ,
Unpaid Wages ,
Wage and Hour
Weekly newsletter on employment matters.
In this weeks issue:
- Ask the right question – disability and occupational health advice
- All work and no pay – standby time at home was working time
- Going up –...more
In this weeks issue:
- Hear no evil – manager's motives not attributed to decision taker...
- By contrast – EAT rejects argument that decision maker was innocent agent with no discriminatory motive...
-...more
10/30/2017
/ Disciplinary Proceedings ,
Diversity ,
Employment Discrimination ,
Employment Litigation ,
FTSE ,
Hiring & Firing ,
Performance Reviews ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal ,
Whistleblower Protection Policies ,
Whistleblowers