Let's talk about it – changing terms and redundancy consultation -
In Socha v Szpital Specjalistyczny im A. Falkiewicza, the CJEU confirms that the duty to inform and consult applies where employees are dismissed for...more
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
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
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
You cannot be serious – application for injunction refused -
In NIIT Technologies Ltd v Chaturvedi the High Court turned down an application to enforce a non-solicitation of employees covenant, on the basis that there was...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
Wrong answer – applicant should have been allowed an alternative to multiple choice test -
The EAT in Government Legal Service v Brookes found that a job applicant with Asperger's had been unlawfully discriminated...more
5/15/2017
/ Arbitration ,
Bargaining Units ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Job Applicants ,
UK ,
UK Employment Appeal Tribunal ,
Unions ,
Whistleblowers
Taking the long view – potential nine month restriction for broker upheld -
In Tradition Financial Services Ltd v Gamberoni the High Court has upheld six month non-compete and non-solicitation covenants, despite...more
One for all – no need to prove the reason for group disadvantage for indirect discrimination claim -
The Supreme Court in Essop v Home Office has allowed the claimants' appeal against the Court of Appeal's rejection of...more
Plus ça change… - the employment law implications of the Great Repeal Bill -
The government published its white paper "Legislating for the UK's withdrawal from the EU" last week. The employment law consequences of Brexit...more
4/3/2017
/ Court of Justice of the European Union (CJEU) ,
Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Equality Act ,
EU ,
European Communities Act ,
Proposed Legislation ,
TUPE ,
UK ,
UK Brexit
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
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
A little knowledge is dangerous – awareness of the consequences of a disability not required for discrimination "arising from" disability -
In City of York Council v Grosset, the EAT decided that the employer did not...more