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
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
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
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
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