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
One size doesn’t fit all – non-compete unreasonable and void -
In Quilter Private Client Advisers v Falconer the High Court found that a nine month non-compete covenant was in restraint of trade and void. The case is a...more
Tell me more – ICO publishes detailed subject access guidance -
The ICO has published detailed guidance for handling subject access requests. This is relevant to employers responding to subject access requests from...more
11/5/2020
/ Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
Data Protection ,
EU ,
Furloughs ,
Hiring & Firing ,
Infectious Diseases ,
Information Commissioner's Office (ICO) ,
International Labor Laws ,
Job Retention Schemes ,
Personal Data ,
Subject Access Request (SAR) ,
UK ,
UK Brexit ,
Withdrawal Agreement
Replacement for furlough scheme announced -
On 24 September the government announced the Job Support Scheme, which will open on 1 November. The Job Support Scheme will support wages for employees who are performing at...more
If it ain't broke – material factor still explained pay disparity after job evaluation -
Employers have a defence to an equal pay claim if they can show that a difference in pay between an employee and their comparator is...more
9/16/2020
/ Data Breach ,
Data Collection ,
Employer Liability Issues ,
Equal Pay ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
International Labor Laws ,
Pay Equity Laws ,
Pay Gap ,
Redundancy Dismissals ,
UK ,
Wage and Hour
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
Timing is everything – acts pre-dating disability not discrimination -
The EAT decision in Tesco Stores Ltd v Tennant confirmed that an employee could not bring a discrimination complaint in relation to acts that pre-dated...more
2/10/2020
/ Contract Terms ,
Disability Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Exclusive Jurisdiction ,
Hiring & Firing ,
International Labor Laws ,
Labor Regulations ,
Shareholders' Agreements ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal
Continuing focus on sexual harassment -
The EHRC has published technical guidance on sexual harassment and harassment at work, while the Government Equalities Office launched a survey on people's experience of sexual...more
1/27/2020
/ #MeToo ,
Appeals Tribunals ,
Bereavement Leave ,
Corporate Culture ,
Disability Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Equality and Human Rights Commission (EHRC) ,
Harassment ,
Hiring & Firing ,
Labor Regulations ,
Sex Discrimination ,
Sexual Harassment ,
UK ,
Unemployment Benefits ,
Wage and Hour
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
Red faces – no gross misconduct when employee revealed executive's pay -
The EAT had to consider whether an employee had acted in breach of contract or committed gross misconduct when he revealed details of an executive's...more
12/16/2019
/ Couriers ,
Defense Strategies ,
Employee Definition ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Hiring & Firing ,
International Labor Laws ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Wrongful Termination
It's not what you know – dismissal for whistleblowing despite dismissing manager's belief -
In Royal Mail Group Ltd v Jhuti the Supreme Court has reinstated a decision that an employee was dismissed because she had blown...more
12/3/2019
/ Court of Justice of the European Union (CJEU) ,
Disciplinary Proceedings ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Entitlements ,
Hiring & Firing ,
Holidays ,
International Labor Laws ,
Labor Regulations ,
Retaliation ,
Senior Managers ,
Sick Leave ,
Trade Unions ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblower Protection Policies ,
Whistleblowers
If it ain't broke – removing extended absence trigger a failure to make a reasonable adjustment -
Removing an extended sickness absence trigger point from an employee with ME/ chronic fatigue syndrome was a failure to make...more
11/18/2019
/ Breach of Duty ,
Constructive Discharge ,
Disability Discrimination ,
Diversity ,
FTSE ,
Hiring & Firing ,
Internal Investigations ,
International Labor Laws ,
Leave of Absence ,
Reasonable Accommodation ,
UK ,
UK Employment Appeal Tribunal ,
Woman Board Members
Coming clean – false reason for dismissal shifted burden of proof -
In Base Childrenswear Ltd v Otshudi the Court of Appeal confirmed that giving a false reason for dismissal and persisting with it was enough to shift the...more
10/21/2019
/ Appeals ,
Aviation Industry ,
British Airways ,
Burden of Proof ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Race Discrimination ,
Strike ,
UK ,
UK Parliament ,
Unions
It's no secret – protected conversation potentially admissible -
The EAT decided in Harrison v Aryman Ltd that a claimant could potentially rely on a protected conversation in evidence. This was the case even though she...more
10/7/2019
/ Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Hiring & Firing ,
International Labor Laws ,
Protected Disclosures ,
Rest and Meal Break ,
UK ,
Unfair Dismissal ,
Wage and Hour
Battle Royal – handling of boardroom dispute was repudiatory breach -
The High Court decision in Stobart Group Ltd v Tinkler explores the extent of a director's duties in the context of a boardroom dispute....more
5/13/2019
/ Appeals ,
Employer Liability Issues ,
Employment Litigation ,
Fiduciary Duty ,
Foreign Workers ,
Hiring & Firing ,
HMRC ,
Jurisdiction ,
NICS ,
UK ,
Wages
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
Informed choice – choosing English law relevant to jurisdiction -
In The British Council v Jeffery and Green v SIG Trading Ltd the Court of Appeal confirmed that choosing English law to govern an employment contract is a...more
11/12/2018
/ Adverse Employment Action ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Gross Negligence ,
Hiring & Firing ,
International Labor Laws ,
Jurisdiction ,
Payroll Periods ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour
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:
- Take two: dismissing pregnant workers...
- Informal approach – reasonable adjustments duty applied to long working hours...
- Retirement...more
3/12/2018
/ Age Discrimination ,
Appeals ,
Court of Justice of the European Union (CJEU) ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Pregnancy Discrimination ,
Retirement ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Work Schedules
In this weeks issue:
- Nice try - no breach of contract when employee placed on garden leave...
- It's not what you say - dismissal not for making protected disclosures...
- That's all folks...
...more
Border crossing – wide approach to reinstatement -
In Dafiaghor-Olomu v Community Integrated Care the EAT found that re-employment might be practicable even though an employer no longer had a place of business in Scotland....more
Let's talk about it – changing terms and redundancy consultation -
In Socha v Szpital Specjalistyczny im A. Falkiewicza, the CJEU confirms that the duty to inform and consult applies where employees are dismissed for...more
Don’t look now – European Court decides monitoring employee's email account did breach privacy right -
In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more
9/11/2017
/ Appeals ,
Disability Discrimination ,
Email Policies ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
EU ,
European Court of Human Rights ,
Health Insurance ,
Hiring & Firing ,
Right to Privacy