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
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:
- 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