Must Employers Record All Hours Worked?
In Federacion de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE (Case C-55/18), the European Court of Justice (ECJ) considered whether the EU’s Working Time Directive...more
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
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
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
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
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
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 U.K. government has introduced the following changes to termination payments which will apply from 6 April 2018: -
Where an employer has no contractual right to make a payment in lieu of notice, but decides to make a...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 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 King v The Sash Window Workshop Ltd and another (C-214/16), the European Court of Justice (ECJ) considered whether a worker was entitled to be paid on termination for periods of accrued but untaken holiday going back...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
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
In NHS 24 v Pillar UKEATS/0005/16, the Employment Appeal Tribunal (EAT) considered the appropriate scope of an employer’s investigation into alleged misconduct in disciplinary proceedings.
Ms Pillar was employed by NHS 24...more
In Agoreyo v London Borough of Lambeth [2017] EWHC 2019 (QB), the High Court considered whether the suspension of an employee amounted to a fundamental breach of contract on the part of her employer.
A primary school...more
In Barbulescu v Romania (Application no. 61496/08) [2017] ECHR 742, the Grand Chamber of the European Court of Human Rights (ECtHR) clarified the right of employers to monitor employees’ private communications in the...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 11 September 2017, are as follows: -
Lower band, for the least serious...more
In JP Morgan Securities v Ktorza [2017] UKEAT 0311-16-1105 the Employment Appeal Tribunal (EAT) considered whether there was a requirement for an employer to establish that an employee’s conduct was culpable when determining...more