Katie Newman on Employment Litigation

U.K. Employment Law Update: Social Media Discrimination, Impaired Vision and Occupational Health Reports

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

10/1/2019 / Disability , Employer Liability Issues , Employment Litigation , Race Discrimination , Social Media , UK , UK Employment Appeal Tribunal

U.K. Employment Law Update: Disciplinary Proceedings, Compensation on an Unfair Dismissal and Religious Discrimination

Do Disciplinary Proceedings Have to Wait Until a Criminal Investigation Is Completed? In North West Anglia NHS Foundation Trust v Gregg [2019] EWCA Civ 387, the Court of Appeal considered whether conducting disciplinary...more

6/4/2019 / Employment Contract , Employment Litigation , Hiring & Firing , Religious Discrimination , UK , UK Employment Appeal Tribunal , Unfair Dismissal

U.K. Employment Law Update: TUPE-related Dismissal, Equal Pay and Bad Leaver Provisions

TUPE: Pre-Transfer Dismissal Was Automatically Unfair - In Hare Wines Ltd v Kaur [2019] EWCA Civ 216, the U.K.’s Court of Appeal considered whether the dismissal of an employee immediately before a transfer under the...more

5/6/2019 / Employment Litigation , Hiring & Firing , TUPE , UK , Unfair Dismissal

U.K. Employment Law Update: Accrued Holidays, Disability Benefits and Age Discrimination

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

3/3/2019 / Age Discrimination , Disability Benefits , Employer Liability Issues , Employment Litigation , Hiring & Firing , Holiday Pay , UK , UK Employment Appeal Tribunal , Wage and Hour

U.K. Employment Law Update: Rising Employment Tribunal Claims, Serious Employee Misconduct and Who Is the True Employer

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

10/1/2018 / Employer Liability Issues , Employment Contract , Employment Litigation , Hiring & Firing , UK , UK Employment Appeal Tribunal , Unfair Dismissal

U.K. Employment Law Update: Disability Discrimination, ‘Bumping' in a Redundancy Situation and Service Provisions Changes Under...

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

5/31/2018 / Disability Discrimination , Employer Liability Issues , Employment Litigation , Hiring & Firing , Redundancy Dismissals , TUPE , UK , UK Employment Appeal Tribunal

Disciplinary Process: One-off Act or Ongoing Act in Discrimination Context?

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

5/1/2018 / Discrimination , Employer Liability Issues , Employment Litigation , Hiring & Firing , UK , UK Employment Appeal Tribunal

Increase in "Injury to Feelings" Awards in Discrimination Claims

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

5/1/2018 / Discrimination , Employer Liability Issues , Employment Litigation , UK , UK Employment Appeal Tribunal

Employment Tribunal Claims Continue to Rise Following Abolition of Fees

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

3/30/2018 / Employer Liability Issues , Employment Litigation , UK , UK Employment Appeal Tribunal

U.K. Government Responds to the Taylor Review

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

3/1/2018 / Employer Liability Issues , Employment Litigation , Employment Tribunals , Hiring & Firing , UK

Covert Surveillance at Work: A Breach of the Right to Privacy

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

3/1/2018 / Employer Liability Issues , Employment Litigation , European Court of Human Rights , Hiring & Firing , Right to Privacy , Surveillance , Unfair Dismissal

Discrimination Based on a Perceived Disability

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

2/1/2018 / Disability Discrimination , Employer Liability Issues , Employment Litigation , UK , UK Employment Appeal Tribunal

Can a Discriminatory Demotion Justify an Employee's Refusal to Work?

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

2/1/2018 / Demotions , Employer Liability Issues , Employment Discrimination , Employment Litigation , Employment Tribunals , UK

Suing Your Employee? Don't Try This at Home

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

1/16/2018 / Corporate Counsel , Employer Liability Issues , Employment Litigation , EU , Jurisdiction , Non-Compete Agreements , Popular , Stock Options

Cherry-Picking When the ‘Without Prejudice' Principle Applies?

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

12/29/2017 / Employer Liability Issues , Employment Litigation , Hiring & Firing , UK , UK Employment Appeal Tribunal

Whistleblowing: What if the Decision-Maker Was Not Aware of the Protected Disclosures?

In Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 the Court of Appeal considered whether an employee who had made protected disclosures had been unfairly dismissed by a manager who was unaware that the employee had made such...more

12/1/2017 / Employment Litigation , Hiring & Firing , UK , Unfair Dismissal , Whistleblowers

The Good Work: The Taylor Review

The Good Work: The Taylor Review of Modern Working Practices (the Review), an independent report commissioned by the U.K. government to analyse the changing employment landscape, was published on 11 July 2017....more

8/1/2017 / Employment Litigation , Employment Tribunals , Holiday Pay , UK , Wage and Hour

Departing Employees: No Need to Disclose an Intention to Compete

In the case of MPT Group Limited v Peel [2017] EWHC 1222 (Ch), the High Court examined whether departing employees were required to disclose their intention to compete after the expiry of their restrictive covenants. The...more

7/3/2017 / Employment Contract , Employment Litigation , Non-Compete Agreements , Restrictive Covenants , UK

Beware of Discrimination Pitfalls in Recruitment

In the case of Government Legal Services v Brookes [2017] UKEAT/0302/16/RN, the Employment Appeal Tribunal (EAT) considered whether a job applicant with Asperger’s Syndrome was discriminated against due to the requirement to...more

7/3/2017 / Disability Discrimination , Employer Liability Issues , Employment Litigation , Hiring & Firing , Job Applicants , UK , UK Employment Appeal Tribunal

Katie Newman

Faegre Drinker Biddle & Reath LLP

Popular Topics by This Author

Latest Posts › Employment Litigation