Was an Employer Liable for an Employee’s Discriminatory Acts on Social Media?
In Forbes v LHR Airport Ltd UKEAT/0174/18/DA, the Employment Appeal Tribunal (EAT) considered whether an employee’s discriminatory acts on...more
If Accrued Holidays Are Not Used, Will They Be Lost?
In the cases of Kreuziger v Berlin (C-619/16) EU:C:2018:872 and Max-Planck-Gesellschaft zur Forderung der Wissenschaften eV v Shimizu (C-684/16) EU:C:2018:874, the...more
The U.K. government has published its Good Work Plan. The report’s proposals seek to implement most of the recommendations in the Taylor Review of Modern Working Practices, which we reported in 2017 and 2018. The government...more
Was an Employer Liable for an Assault Committed by one of its Employees on Another?
In Bellman v Northampton Recruitment Limited [2018] EWCA Civ 2214, the Court of Appeal considered whether an employer was liable for an...more
Collective Redundancies: What Is an “Undertaking Controlling the Employer?”
In Bichat v Aviation Passage Service Berlin GmbH & Co KG [2018] C-6117, the European Court of Justice (ECJ) considered the meaning of an...more
Did a Temporary Break in Activities Prevent the Transfer of an Undertaking?
In Colino Sigüenza v Ayuntamiento de Valladolid (C-472/16), the European Court of Justice (ECJ) considered whether a five-month break in...more
A Year on: The Continued Rise of Employment Tribunal Claims -
The U.K.’s Ministry of Justice has published its quarterly Employment Tribunal statistics for April to June 2018. These quarterly statistics are of particular...more
When Is Notice of Termination Effective?
In Newcastle Upon Tyne NHS Foundation Trust v Haywood [2018] UKSC 22, the U.K. Supreme Court upheld last year’s Court of Appeal decision, reported by us here, that where an...more
All Things Brexit -
Earlier this month, as the latest formal development concerning Brexit, the U.K. government published a White Paper entitled ‘The Future Relationship between the United Kingdom and the European Union’...more
U.K. Supreme Court: The Latest on Employment Status in the “Gig” Economy -
In the latest high profile “gig” economy decision, the U.K. Supreme Court has held in Pimlico Plumbers Ltd & another v Smith [2018] UKSC 29 that Mr...more
Court of Appeal: Disability Discrimination & Reasonable Adjustments -
In United First Partners Research v Nicolas Carreras [2018] EWCA Civ 323 the Court of Appeal considered whether an expectation (rather than a...more
In Hale v Brighton & Sussex University Hospitals NHS Trust UKEAT/0342/16/LA the Employment Appeal Tribunal (EAT) considered whether a disciplinary process was a one-off act or an ongoing act in the context of U.K....more
In Donelien v Liberata UK Ltd [2018] EWCA Civ 129, the Court of Appeal considered whether an employer had constructive knowledge of an employee’s disability.
Ms Donelien was employed by Liberata UK Limited (Liberata) as a...more
The Vento bands for “injury to feelings” awards in discrimination claims have been increased. The new figures, applicable to claims issued on or after 6 April 2018, are as follows: -
Lower band, for the least serious...more
The U.K.’s Ministry of Justice has published its quarterly Employment Tribunal statistics for October to December 2017. These are the second set of statistics released since the landmark Supreme Court ruling in July 2017...more
Cosmeceuticals Ltd v Parkin [2017] EAT 0049_17_2706 considered the effective date of termination (EDT) for unfair dismissal purposes where an employee was initially dismissed with immediate effect but subsequently given...more
The U.K. government has this month issued a response to the Taylor Review of Modern Working Practices (the Review), a report commissioned by the government which analysed the U.K.’s changing employment landscape. ...more
In Lopez Ribalda & Ors v Spain (Application nos. 1874/13 and 8567/13) the European Court of Human Rights (ECtHR) held that the installation of and reliance on covert surveillance at work was a breach of the workers’ right to...more
The annual increases in compensation in the employment tribunals will take effect on 6 April 2018. The new rates apply where the event giving rise to the compensation (such as the termination of employment) occurs on or after...more
In The Chief Constable of Norfolk v Coffey [2017] UKEAT 0260_16_1912 the Employment Appeal Tribunal (EAT) considered whether someone who was not disabled could succeed in a disability discrimination claim on the basis that...more
In Rochford v WNS Global Services (UK) Ltd [2017] EWCA Civ 2205 the Court of Appeal considered whether an employer’s discriminatory demotion justified an employee’s refusal to carry out any work.
Mr Rochford was employed...more
In Various Claimants v WM Morrisons Supermarket PLC [2017] EWHC3 113 (QB), the High Court considered whether an employer was liable for an employee’s malicious disclosure of personal data belonging to other employees. This...more
In Petter v EMC Corporation [2015] EWCA Civ 828, a U.K. subsidiary and its U.S. parent company were prevented by the English courts from continuing non-compete proceedings against an employee in the court of Massachusetts....more
In Commissioner of Police of the Metropolis v Denby (UKEAT/0314/16), the Employment Appeal Tribunal (EAT) considered where liability for discrimination sits where a decision-maker is influenced by others.
Mr Denby was a...more
In Graham v Agilitas IT Solutions Ltd (UKEAT/0212/17), the Employment Appeal Tribunal (EAT) considered whether an employer could cherry-pick which parts of a meeting were covered by the “without prejudice” privilege.
Mr...more