April was a smorgasbord of developments, with a UK Supreme Court case on detriments and industrial action and two EAT decisions on international jurisdiction. In Parliament, another family-friendly bill is proceeding with...more
In March the government confirmed that changes to paternity leave, additional redundancy protection for pregnant employees and new parents and the right to carer’s leave will come into force in April as planned. We’re...more
In Gwynedd Council v Barratt the UK Court of Appeal confirmed that a redundancy dismissal will not be unfair solely because an employer has not offered an employee a right to appeal. However, failing to offer an appeal...more
A tale in two parts - COVID-19 and health and safety dismissals There have been more employment tribunal decisions examining when a COVID-19 related dismissal will be automatically unfair for health and safety reasons. One...more
If not now then when? Tribunal should have identified when jurisdiction established -
An employment tribunal only has jurisdiction to hear claims under the Employment Rights Act 1996 and Equality Act 2010 if the claimant...more
Too little, too late - employer could not cure fundamental breach - If an employer commits a repudiatory breach of contract, an employee is entitled to accept the breach by resigning. They can then claim unfair constructive...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
No handbrake turns – holiday pay included voluntary overtime pay -
The Court of Appeal confirmed the EAT decision in East of England Ambulance Service NHS Trust v Flowers that holiday pay has to include voluntary overtime...more
6/17/2019
/ Collective Bargaining ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Tribunals ,
Holiday Pay ,
International Labor Laws ,
Non-Disclosure Agreement ,
Over-Time ,
UK ,
UK Employment Appeal Tribunal ,
Unions ,
Wage and Hour
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
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