Cut it out! Covenant severed to make it enforceable -
In Tillman v Egon Zehnder Ltd the Supreme Court revisited the question of when it is possible to sever words from a restrictive covenant to make it enforceable, taking...more
7/15/2019
/ #MeToo ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Facebook ,
International Labor Laws ,
Labor Regulations ,
Race Discrimination ,
Restrictive Covenants ,
Sexual Harassment ,
UK
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
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
Fatherhood penalty – statutory shared parental pay not discriminatory -
In Ali v Capita Customer Management Ltd and The Chief Constable of Leicestershire Police v Hextall the Court of Appeal confirmed that paying enhanced...more
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
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
Consultation on reforming the off-payroll working rules -
HMRC has issued a consultation on implementation of reforms to the off-payroll working rules, which will be extended to the private sector from April 2020. ...more
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
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
New arrival – proposals to extend redundancy protection for parents -
The government is consulting on whether to extend redundancy protection for pregnant women and new parents....more
Eye on the ball – developments in 2019 -
There are a range of employment law developments employers should be preparing for in 2019, including "gig economy" changes, the introduction of a Code of Practice on sexual...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
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
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