Latest Publications


Employers Must Conduct Individualised Risk Assessments for Breastfeeding Mothers

In Otero Ramos v Servicio Galego de Saude (C-531/15), the European Court of Justice (ECJ) considered the obligation of employers towards breastfeeding mothers. Ms Otero Ramos was a breastfeeding mother employed as an...more

Uber Loses Appeal in Worker Status Case

In Uber BV and others v Aslam and others UKEAT/0056/17, the Employment Appeal Tribunal (EAT) upheld the 2016 employment tribunal decision that Uber’s drivers are workers. As such, they qualify for additional rights including...more

Whistleblowing: What if the Decision-Maker Was Not Aware of the Protected Disclosures?

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

Unfair Dismissal: Can a Disciplinary Investigation Be Too Thorough?

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

Suspension of an Employee Was a Fundamental Breach of Contract

In Agoreyo v London Borough of Lambeth [2017] EWHC 2019 (QB), the High Court considered whether the suspension of an employee amounted to a fundamental breach of contract on the part of her employer. A primary school...more

European Court of Human Rights: Monitoring Employee Communications

In Barbulescu v Romania (Application no. 61496/08) [2017] ECHR 742, the Grand Chamber of the European Court of Human Rights (ECtHR) clarified the right of employers to monitor employees’ private communications in the...more

TUPE and Share Sales

In ICAP Management Services Limited v Dean Berry and BGC Services (Holdings) LLP [2017] EWHC 1321, the High Court examined the circumstances in which TUPE may apply to a share sale. Mr Berry was a senior executive at ICAP...more

Increase in "Injury to Feelings" Awards in Discrimination Claims

The Vento bands for “injury to feelings” awards in discrimination claims have been increased. The new figures, applicable to claims issued on or after 11 September 2017, are as follows: - Lower band, for the least serious...more

Employment Tribunal Fees: Update

In July, we reported on a landmark decision in which the U.K.’s Supreme Court unanimously found the Employment Tribunal fee regime to be unlawful. Below is an update on the legal and practical developments since that...more

European Court of Human Rights Sets New Boundaries on Monitoring Employees in the Workplace

The Grand Chamber of the European Court of Human Rights (ECtHR) has clarified the law surrounding the monitoring of employees’ private communications in the workplace. The decision overturns the earlier ruling of the lower...more

Is Culpability Relevant in a Conduct Dismissal?

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

Protecting Business Interests: Don't Get Stung by an Overly Wide Non-Compete

In Tillman v Egon Zehnder Ltd [2017] EWCA Civ 1054 the Court of Appeal examined the enforceability of a non-compete covenant. Ms Tillman was the global co-head of financial services at Egon Zehnder Ltd (EZ), a professional...more

Latest Developments in Holiday Pay

The summer months have seen two binding decisions from the Employment Appeal Tribunal (EAT) in the continuing litigation around holiday pay. In Dudley Metropolitan Borough Council v Willetts & Others [2017]...more

The Good Work: The Taylor Review

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

Whistleblower Protection: When Private Turns Public

In Chesterton Global Ltd & Anor v Nurmohamed & Anor (Rev 1) [2017] EWCA Civ 979 the Court of Appeal provided some much needed clarity on the definition of “public interest” in whistleblower claims. Mr Nurmohamed was a...more

U.K. Supreme Court: Employment Tribunal Fees Are Unlawful

In a landmark decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, the U.K.’s Supreme Court unanimously found that the Employment Tribunal fee regime is unlawful. Since 2013, claimants have had to...more

Departing Employees: No Need to Disclose an Intention to Compete

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

Beware of Discrimination Pitfalls in Recruitment

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

Expatriate Employees and the Territorial Jurisdiction of U.K. Employment Tribunals

In Green v SIG Trading Ltd [2017] UKEAT 0282_16_2405 the Employment Appeal Tribunal (EAT) examined the test for determining whether a U.K. Employment Tribunal had jurisdiction to hear statutory U.K. employment claims brought...more

Assessing Fairness in Redundancy Dismissals

In Green v London Borough of Barking & Dagenham UKEAT/0157/16/DM, the Employment Appeal Tribunal (EAT) considered how fairness in a redundancy process should be assessed. Ms Green was employed by a local authority (LA)...more

Reasonableness Threshold for Dismissal for Some Other Substantial Reason

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

Supreme Court Rules on Indirect Discrimination Test

In the joint cases of Essop and others v Home Office (UK Border Agency) and Naeem v Secretary of State for Justice [2017] UKSC 27, the U.K. Supreme Court examined the test for establishing indirect discrimination....more

Effective Date of Termination Notice Sent by Post

In Newcastle Upon Tyne NHS Foundation Trust v Haywood [2017] EWCA Civ 153, the Court of Appeal (CA) looked at when a notice of termination sent by post takes effect. Ms Haywood’s employment became at risk of redundancy...more

Determining Employment Status

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

What Constitutes a Service Provision Change Under TUPE?

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

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