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
New arrival – proposals to extend redundancy protection for parents -
The government is consulting on whether to extend redundancy protection for pregnant women and new parents....more
Yeah but no but – Government response to sexual harassment report -
The government's response to the Women and Equalities Select Committee report on sexual harassment in the workplace was published just before Christmas. ...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
Direction of travel – private hire drivers were workers -
In Addison Lee Ltd v Lange, the EAT confirmed the current direction of travel in "gig economy" cases by finding that private hire drivers were workers and as such...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:
- Testing the limits – no sexual orientation discrimination in "gay cake" case
- No work, no holiday – holiday did not accrue during parental leave
...more
In this weeks issue:
- Consultation on parental bereavement leave
- On the up – increase in Vento bands in discrimination claims
- Better late than never? – EHRC enforcement of gender pay gap reporting...
...more
4/9/2018
/ Bereavement Leave ,
Discrimination ,
Employer Liability Issues ,
Equal Pay ,
Equality and Human Rights Commission (EHRC) ,
Gender-Based Pay Discrimination ,
Pay Gap ,
Risk Management ,
Sexual Harassment ,
UK ,
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
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
Weekly newsletter on employment matters.
In this weeks issue:
- Small steps – government response to the Taylor Review.
- That hurts. Working time detriment could lead to injury to feelings award.
- It's not...more
2/12/2018
/ Age Discrimination ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Holiday Pay ,
International Labor Laws ,
Parental Leave ,
Pension Schemes ,
Proposed Legislation ,
Public Sector ,
Retirement Plan ,
Sick Leave ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Work Schedules
Weekly newsletter on employment matters.
In this weeks issue:
- Don't break it – rest periods have to be uninterrupted...
- Is that relevant? Disclosure of documents between employee and union...more
Weekly newsletter on employment matters.
In this weeks issue:
- Promises, promises – individual pay offers a breach of TULRCA...
- You and whose army? EHRC outlines approach to enforcing gender pay gap...more
In this weeks issue:
- Employer vicariously liable for employee's data breach
- Time and time again - no implied right to bonus through custom and practice
- Making progress - gender pay gap toolkit...more
In this weeks issue:
- You broke it, you fix it – unpaid holiday could be carried forward indefinitely
- Go with the flow – burden of proof shifts in discrimination claims
- Going up – increased minimum wage and...more
Compare and contrast – pension based on hours reduced because of disability was not discriminatory -
The Court of Appeal has upheld the EAT decision in Williams v The Trustees of Swansea University Pension & Assurance...more
Breaking up is (not always) hard to do – transfer of part of service capable of being a TUPE service provision change -
In Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust the EAT decided that...more
Keep it for later – European Court's Advocate General issues Opinion that the right to paid leave can be carried over if employer has not offered it -
According to the preliminary Opinion of the European Court in The Sash...more
6/12/2017
/ Adverse Employment Action ,
Disability ,
Disability Discrimination ,
Discrimination ,
Employment Contract ,
Employment Litigation ,
Employment Tribunals ,
Equality Act ,
EU ,
Hiring & Firing ,
Non-Compete Agreements ,
Paid Leave ,
Restrictive Covenants ,
UK ,
Wage and Hour
Cards on the table – employment manifesto pledges issued -
The Conservatives, Labour Party and Liberal Democrats have all confirmed in their manifestos that pre-Brexit EU employment rights will be maintained and that gig...more
Self-employment and the gig economy laid bare – Parliamentary Committee calls for changes to employment status -
The Work and Pensions Parliamentary Committee inquiry into self-employment and the gig economy has...more
5/8/2017
/ Employee Definition ,
Employer Liability Issues ,
Employment Tribunals ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Maternity Leave ,
Misclassification ,
Pregnancy Discrimination ,
UK ,
Wage and Hour
Lack of communication – contractual dismissal notice only took effect when received -
In Newcastle Upon Tyne NHS Foundation Trust v Haywood the Court of Appeal has decided that contractual notice of dismissal only took...more
3/27/2017
/ Appeals ,
Contract Terms ,
Discrimination ,
Employee Misconduct ,
Employment Litigation ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Investigations ,
Pay Gap ,
Reporting Requirements ,
Termination ,
UK Employment Appeal Tribunal ,
Wage and Hour
Flesh on the bones? Pay gap reporting guidance published -
When the draft Gender Pay Gap Reporting Regulations (the Regulations) were published in December 2016, the government promised further guidance to help employers...more
2/6/2017
/ Equal Pay ,
Fees ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Maternity Leave ,
Paternity Leave ,
Pay Equity Laws ,
Pay Gap ,
Pregnancy ,
Pregnancy Discrimination ,
Sex Discrimination ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour
Change of plan – redundancy four months after TUPE transfer was for ETO reasons -
The claimant in Davies v Droylsden Academy was a venue lettings manager for a company which provided premises services for schools. She...more