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:
- 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
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
In this weeks issue:
- White lies – incorrect reason for dismissal breach of trust and confidence...
- Substance not form – TUPE transfer followed share sale...
- Did you see that? CCTV recordings and disciplinary...more
Prove it! Right to work in UK meant reason for dismissal not illegality -
In Baker v Abellio London Ltd, the EAT confirmed that illegality was not the reason for the dismissal of an employee who had the right to work in...more
Weekly newsletter on employment matters.
In this weeks issue:
- Open to non-members – rejection of job application because of previous union activities was unlawful.
- Stevenson/Farmer review into mental health in...more
11/7/2017
/ Airlines ,
Appeals ,
Aviation Industry ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Job Applicants ,
Mental Health ,
Trade Unions ,
UK ,
UK Employment Appeal Tribunal ,
Union Membership ,
Workplace Safety
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
In this weeks issue:
- New right to parental bereavement leave...
- Answer the question – dismissal fair although misconduct was not gross misconduct...
- That old chestnut – height requirement was indirect sex...more
10/24/2017
/ Bereavement Leave ,
Employee Benefits ,
Employee Misconduct ,
Employee Rights ,
Employment Litigation ,
Hiring & Firing ,
Legislative Agendas ,
Proposed Legislation ,
Sex Discrimination ,
UK ,
Wage and Hour
Too much information? References to previous incidents did not make investigation unfair -
In NHS 24 v Pillar the EAT found that an investigation into misconduct which took account of earlier incidents that had not been...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
Uplifting – injury to feelings compensation must be increased by 10% -
After a number of conflicting decisions in the EAT, the Court of Appeal has confirmed that injury to feelings discrimination compensation awarded in...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
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
Uplifting – injury to feelings compensation must be increased by 10% -
After a number of conflicting decisions in the EAT, the Court of Appeal has confirmed that injury to feelings discrimination compensation awarded in...more
You cannot be serious – application for injunction refused -
In NIIT Technologies Ltd v Chaturvedi the High Court turned down an application to enforce a non-solicitation of employees covenant, on the basis that there was...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
Not all in a day's work – strikes and pay deductions -
The Supreme Court in Hartley v King Edward VI College has ruled on how a day's pay should be calculated when making deductions from the pay of teachers who took part...more
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
Wrong answer – applicant should have been allowed an alternative to multiple choice test -
The EAT in Government Legal Service v Brookes found that a job applicant with Asperger's had been unlawfully discriminated...more
5/15/2017
/ Arbitration ,
Bargaining Units ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Job Applicants ,
UK ,
UK Employment Appeal Tribunal ,
Unions ,
Whistleblowers
Taking the long view – potential nine month restriction for broker upheld -
In Tradition Financial Services Ltd v Gamberoni the High Court has upheld six month non-compete and non-solicitation covenants, despite...more
One for all – no need to prove the reason for group disadvantage for indirect discrimination claim -
The Supreme Court in Essop v Home Office has allowed the claimants' appeal against the Court of Appeal's rejection of...more
Plus ça change… - the employment law implications of the Great Repeal Bill -
The government published its white paper "Legislating for the UK's withdrawal from the EU" last week. The employment law consequences of Brexit...more
4/3/2017
/ Court of Justice of the European Union (CJEU) ,
Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Equality Act ,
EU ,
European Communities Act ,
Proposed Legislation ,
TUPE ,
UK ,
UK Brexit