One size doesn’t fit all – non-compete unreasonable and void -
In Quilter Private Client Advisers v Falconer the High Court found that a nine month non-compete covenant was in restraint of trade and void. The case is a...more
Tell me more – ICO publishes detailed subject access guidance -
The ICO has published detailed guidance for handling subject access requests. This is relevant to employers responding to subject access requests from...more
11/5/2020
/ Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
Data Protection ,
EU ,
Furloughs ,
Hiring & Firing ,
Infectious Diseases ,
Information Commissioner's Office (ICO) ,
International Labor Laws ,
Job Retention Schemes ,
Personal Data ,
Subject Access Request (SAR) ,
UK ,
UK Brexit ,
Withdrawal Agreement
Replacement for furlough scheme announced -
On 24 September the government announced the Job Support Scheme, which will open on 1 November. The Job Support Scheme will support wages for employees who are performing at...more
If it ain't broke – material factor still explained pay disparity after job evaluation -
Employers have a defence to an equal pay claim if they can show that a difference in pay between an employee and their comparator is...more
9/16/2020
/ Data Breach ,
Data Collection ,
Employer Liability Issues ,
Equal Pay ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
International Labor Laws ,
Pay Equity Laws ,
Pay Gap ,
Redundancy Dismissals ,
UK ,
Wage and Hour
Turning a blind eye – one-off act not a PCP -
In Ishola v Transport for London the Court of Appeal confirmed that it was not a provision, criterion or practice to require an employee to return to work before a proper...more
2/26/2020
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Grievance Process ,
Gross Misconduct ,
Hiring & Firing ,
International Labor Laws ,
Labor Law Violations ,
New Guidance ,
Non-Disclosure Agreement ,
Return-to-Work Agreements ,
UK ,
Unfair Dismissal
Gathering clouds – flawed investigation made dismissal unfair -
In Sunshine Hotel Ltd t/a Palm Court Hotel v Goddard the EAT agreed that failing to hold an investigatory meeting does not necessarily make a dismissal...more
1/13/2020
/ Employee Misconduct ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Hiring & Firing ,
International Labor Laws ,
Job Promotions ,
Labor Regulations ,
Legislative Agendas ,
Regulatory Agenda ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal ,
Workplace Investigations
Red faces – no gross misconduct when employee revealed executive's pay -
The EAT had to consider whether an employee had acted in breach of contract or committed gross misconduct when he revealed details of an executive's...more
12/16/2019
/ Couriers ,
Defense Strategies ,
Employee Definition ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Hiring & Firing ,
International Labor Laws ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Wrongful Termination
It's not what you know – dismissal for whistleblowing despite dismissing manager's belief -
In Royal Mail Group Ltd v Jhuti the Supreme Court has reinstated a decision that an employee was dismissed because she had blown...more
12/3/2019
/ Court of Justice of the European Union (CJEU) ,
Disciplinary Proceedings ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Entitlements ,
Hiring & Firing ,
Holidays ,
International Labor Laws ,
Labor Regulations ,
Retaliation ,
Senior Managers ,
Sick Leave ,
Trade Unions ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblower Protection Policies ,
Whistleblowers
If it ain't broke – removing extended absence trigger a failure to make a reasonable adjustment -
Removing an extended sickness absence trigger point from an employee with ME/ chronic fatigue syndrome was a failure to make...more
11/18/2019
/ Breach of Duty ,
Constructive Discharge ,
Disability Discrimination ,
Diversity ,
FTSE ,
Hiring & Firing ,
Internal Investigations ,
International Labor Laws ,
Leave of Absence ,
Reasonable Accommodation ,
UK ,
UK Employment Appeal Tribunal ,
Woman Board Members
Coming clean – false reason for dismissal shifted burden of proof -
In Base Childrenswear Ltd v Otshudi the Court of Appeal confirmed that giving a false reason for dismissal and persisting with it was enough to shift the...more
10/21/2019
/ Appeals ,
Aviation Industry ,
British Airways ,
Burden of Proof ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Race Discrimination ,
Strike ,
UK ,
UK Parliament ,
Unions
Battle Royal – handling of boardroom dispute was repudiatory breach -
The High Court decision in Stobart Group Ltd v Tinkler explores the extent of a director's duties in the context of a boardroom dispute....more
5/13/2019
/ Appeals ,
Employer Liability Issues ,
Employment Litigation ,
Fiduciary Duty ,
Foreign Workers ,
Hiring & Firing ,
HMRC ,
Jurisdiction ,
NICS ,
UK ,
Wages
No objection – TUPE was principal reason for dismissal -
In Hare Wines Ltd v Kaur, the Court of Appeal confirmed that a TUPE transfer was the principal reason for an employee's dismissal, despite the employer's evidence...more
3/4/2019
/ Disability ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Tribunals ,
Hiring & Firing ,
International Labor Laws ,
TUPE ,
UK ,
Unfair Dismissal ,
Wage and Hour
Looking back – limited appeal investigation not unfair -
It was not unfair for an employer to place limits on a disciplinary appeal investigation where the employee's representative had agreed to this, according to the EAT...more
No right to dismiss where employee entitled to disability payments -
In Awan v ICTS UK Limited the EAT confirmed that there was an implied term in the employee's contract that his employer would not dismiss him for...more
Informed choice – choosing English law relevant to jurisdiction -
In The British Council v Jeffery and Green v SIG Trading Ltd the Court of Appeal confirmed that choosing English law to govern an employment contract is a...more
11/12/2018
/ Adverse Employment Action ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Gross Negligence ,
Hiring & Firing ,
International Labor Laws ,
Jurisdiction ,
Payroll Periods ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour
Weekly newsletter on employment matters.
In this weeks issue:
- Ask the question – employee not necessarily required to suggest bumping...
- I work from 9 to 5 – no injury to feelings compensation for breach of...more
3/26/2018
/ Employer Liability Issues ,
Employment Litigation ,
Father's Rights ,
Hiring & Firing ,
International Labor Laws ,
Paid Time Off (PTO) ,
Parental Leave ,
Redundancy Dismissals ,
Rest and Meal Break ,
UK ,
Unfair Dismissal ,
Unpaid Wages ,
Wage and Hour
Weekly newsletter on employment matters.
In this weeks issue:
- Take two: dismissing pregnant workers...
- Informal approach – reasonable adjustments duty applied to long working hours...
- Retirement...more
3/12/2018
/ Age Discrimination ,
Appeals ,
Court of Justice of the European Union (CJEU) ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Pregnancy Discrimination ,
Retirement ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Work Schedules
In this weeks issue:
- Nice try - no breach of contract when employee placed on garden leave...
- It's not what you say - dismissal not for making protected disclosures...
- That's all folks...
...more
In this weeks issue:
- White lies – incorrect reason for dismissal breach of trust and confidence...
- Substance not form – TUPE transfer followed share sale...
- Did you see that? CCTV recordings and disciplinary...more
Prove it! Right to work in UK meant reason for dismissal not illegality -
In Baker v Abellio London Ltd, the EAT confirmed that illegality was not the reason for the dismissal of an employee who had the right to work in...more
Weekly newsletter on employment matters.
In this weeks issue:
- Open to non-members – rejection of job application because of previous union activities was unlawful.
- Stevenson/Farmer review into mental health in...more
11/7/2017
/ Airlines ,
Appeals ,
Aviation Industry ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Job Applicants ,
Mental Health ,
Trade Unions ,
UK ,
UK Employment Appeal Tribunal ,
Union Membership ,
Workplace Safety
In this weeks issue:
- Hear no evil – manager's motives not attributed to decision taker...
- By contrast – EAT rejects argument that decision maker was innocent agent with no discriminatory motive...
-...more
10/30/2017
/ Disciplinary Proceedings ,
Diversity ,
Employment Discrimination ,
Employment Litigation ,
FTSE ,
Hiring & Firing ,
Performance Reviews ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal ,
Whistleblower Protection Policies ,
Whistleblowers
In this weeks issue:
- New right to parental bereavement leave...
- Answer the question – dismissal fair although misconduct was not gross misconduct...
- That old chestnut – height requirement was indirect sex...more
10/24/2017
/ Bereavement Leave ,
Employee Benefits ,
Employee Misconduct ,
Employee Rights ,
Employment Litigation ,
Hiring & Firing ,
Legislative Agendas ,
Proposed Legislation ,
Sex Discrimination ,
UK ,
Wage and Hour
Border crossing – wide approach to reinstatement -
In Dafiaghor-Olomu v Community Integrated Care the EAT found that re-employment might be practicable even though an employer no longer had a place of business in Scotland....more
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