Home or away – hearing claims against international defendants -
Two recent cases, one in the CJEU and one in the EAT, found that courts and tribunals in Great Britain had jurisdiction in principle to hear claims against...more
4/29/2019
/ Appeals Tribunals ,
Breach of Contract ,
Court of Justice of the European Union (CJEU) ,
Employer Liability Issues ,
Employment Litigation ,
EU ,
EU Directive ,
Foreign Defendants ,
International Labor Laws ,
Jurisdiction ,
Regulatory Agenda ,
Rulemaking Process ,
UK ,
Whistleblower Protection Policies
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
Get it right – mistaken belief was not disability related -
In iForce Ltd v Wood an employee's mistaken belief that new working practices would worsen her disability did not make her written warning for refusing to follow...more
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
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
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
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:
- Testing the limits – no sexual orientation discrimination in "gay cake" case
- No work, no holiday – holiday did not accrue during parental leave
...more
No need to know that reason for unfavourable treatment arises from disability -
Employees can only succeed with a claim of unfavourable treatment arising from a disability if the employer knows that they have a disability....more
5/21/2018
/ Disability Discrimination ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Harassment ,
Independent Contractors ,
Misclassification ,
Parental Leave ,
Sex Discrimination ,
UK ,
UK Employment Appeal Tribunal
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:
- Wide reach – tribunal could hear claims against workers based abroad...
- Is sex discrimination law fit for purpose?
...more
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:
- 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:
- 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
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
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