As the Employment Rights Bill made its way to the House of Lords with significant government amendments, Parliament approved the neonatal care leave regulations. The government issued a consultation paper on ethnicity and...more
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
Further developments in relation to harassment -
The EAT confirmed in Bessong v Pennine Care NHS Foundation Trust that as the law currently stands employers will not generally be liable for third party harassment of...more
11/5/2019
/ Appeals ,
Appeals Tribunals ,
Confidentiality Agreements ,
Copyright ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Equality and Human Rights Commission (EHRC) ,
International Labor Laws ,
Inventions ,
Inventors ,
Ownership of Works ,
Sexual Harassment ,
UK
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
Perception is king – rejection for hearing impairment perceived disability discrimination -
In The Chief Constable of Norfolk v Coffey the Court of Appeal confirmed that rejecting a transfer request from someone with a...more
7/1/2019
/ Age Discrimination ,
Appeals ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
International Labor Laws ,
Labor Regulations ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Whistleblowers
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
Space invaders – parking policy relevant to reasonable adjustments claim -
In Linsley v Commissioners for Her Majesty's Revenue and Customs the EAT confirmed that the employer's parking policy should not have been...more
4/15/2019
/ Appeals ,
Collective Bargaining ,
Disability Discrimination ,
Disciplinary Proceedings ,
Employer Liability Issues ,
Employment Policies ,
International Labor Laws ,
Parking Lots ,
Reasonable Accommodation ,
Trade Unions ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal
It's no secret – government planning to regulate NDAs -
The government has published a consultation paper containing proposals to limit the use of NDAs in relation to workplace harassment or discrimination claims....more
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
Who's the boss? Employer liable for MD's assault on member of staff -
The Court of Appeal found an employer liable for its managing director's assault on a member of staff during a post-Christmas party drinking session, in...more
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:
- 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
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
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
Last minute decider – incapacity dismissal without considering new evidence was disability discrimination -
The Court of Appeal in O'Brien v Bolton St Catherine's Academy has reinstated a Tribunal decision that the...more
3/21/2017
/ Appeals ,
Ballots ,
Disability Discrimination ,
Discrimination ,
Dress Codes ,
Employment Litigation ,
European Court of Justice (ECJ) ,
Fitness for Duty Exams ,
Hiring & Firing ,
Religious Clothing ,
Religious Discrimination ,
UK ,
UK Employment Appeal Tribunal
Don't ask, don't get – data subject access requests and litigation -
The Court of Appeal has provided further guidance on responding to data subject access requests made in the context of litigation – in this case...more
3/13/2017
/ Appeals ,
Data Subjects Rights ,
Disclosure ,
Employment Litigation ,
Hiring & Firing ,
Sex Discrimination ,
TUPE ,
UK ,
UK Data Protection Act ,
UK Employment Appeal Tribunal ,
Wrongful Termination
Missing the jackpot – High Court awards nominal damages for breach of confidentiality -
Marathon Asset Management LLP v Seddon arose out of a team move from an investment management business (MAM). Prior to leaving...more
3/6/2017
/ Appeals ,
Breach of Contract ,
Confidentiality Agreements ,
Disability Discrimination ,
Disciplinary Proceedings ,
Discrimination ,
Harassment ,
Race Discrimination ,
Surveillance ,
UK ,
UK Employment Appeal Tribunal
Springing into action – start date for Trade Union Act -
The Trade Union Act 2016 will come into force on 1 March 2017. The new rules apply to any industrial action for which the ballot opens (by sending out voting...more
2/21/2017
/ Appeals ,
Bargaining Units ,
European Convention on Human Rights ,
Hiring & Firing ,
Human Rights ,
Pharmacist ,
Right to Picket ,
Right to Strike ,
Trade Unions ,
UK ,
UK Employment Appeal Tribunal ,
Unions ,
Work Schedules