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
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
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
Self-employment and the gig economy laid bare – Parliamentary Committee calls for changes to employment status -
The Work and Pensions Parliamentary Committee inquiry into self-employment and the gig economy has...more
5/8/2017
/ Employee Definition ,
Employer Liability Issues ,
Employment Tribunals ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Maternity Leave ,
Misclassification ,
Pregnancy Discrimination ,
UK ,
Wage and Hour
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
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
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