In the case of Mallon v Aecom Ltd, the Employment Appeal Tribunal was required to delve into the Equality Act 2010 and rule on the case of a job applicant with dyspraxia who claimed there had been failure to make reasonable adjustments for his disability when completing his online application. He said he was at […]
A Covid passport is for those who have had a Covid jab and have received a vaccination card. Plans to introduce a Covid-status certification – known as a ‘Covid passport’ have received much media coverage. If introduced, the ‘passport’ will indicate if you’ve had the vaccine, or if you’ve tested negative recently, or if you […]
In the case of Cumming v British Airways plc the EAT considered how to determine if a provision, criteria or practice (PCP) indirectly discriminated against women due to their greater childcare responsibilities. It held that the tribunal must consider whether the PCP put women at a particular disadvantage, rather than whether it applied equally to […]
We hear in the news this week that Charlie Mullins, famously litigious founder and CEO of Pimlico Plumbers, has announced that he has instructed the company’s lawyers to draft new employment contracts making it mandatory for staff to be vaccinated against COVID-19. If that is the case, it is not an enviable position for those […]
Recent research by the whistleblowing charity Protect found that UK employers disregarded nearly half of all their employees’ coronavirus-related concerns. Not only that, but a fifth of whistleblowing employees lost their jobs as a result of raising issues related to the pandemic. According to the Protect report, 41% of all whistleblowers raising such concerns were […]
The Law Society has given its support to a campaign urging the Government to extend time limits for tribunal claims. The time limit for bringing an Employment Tribunal (ET) claim is currently three months. This can be extended for a period of time while parties engage in early conciliation via ACAS, which effectively “stops the […]
When is an employer vicariously liable (i.e. responsible) for the conduct of its employee? This came up in the case WM Morrison Supermarkets plc v Various Claimants, involving supermarket chainMorrisons and a disgruntled employee. The employee was a senior internal auditor who, acting on a grudge after having been disciplined previously, published personal information about […]
A law firm’s pregnant employee was granted a £23,000 pay-out after being fired for taking two days off with severe morning sickness. Manchester-based solicitors Gowing Law sacked the employee just a week after she started her new job as a full-time administrator. The employee was successful in her claim for unfair dismissal and pregnancy related […]
From 6 April 2020, an employee who suffers the death of a child under the age of 18 or a stillbirth (after 24 weeks pregnancy) will be entitled to 2 weeks statutory leave from work. This right will only be available to employees and there will be no minimum length of service requirement. The leave […]
If you are an employee and your employer has just mentioned a ‘settlement agreement’, you are probably wondering what is being offered and what you should do.
A legal secretary, Miss Munro, whose colleagues asked about her 50th birthday and sent her abirthday card, claimed she suffered age discrimination as a result.
A transgender woman who claimed she was rejected for a job as a temporary sales assistant withDebenhams has received a £9k settlement. Ava Moore was invited for interview which was said to have gone very well. She was thought to have all the skills and experience needed for the job as well as being able […]
An employee who was a victim of a £200,000 email scam has been told she does not have torepay £108,000 to her employer.
There is a lot of buzz around the new IR35 legislation that is due to be introduced in April 2020.
An ex-Tesco manager, who said she was “left in the dark” about changes to her role and subsequently suspended for not accepting those changes, has won her case for unfair dismissal.
Upton-Hansen Architects v Gyftaki
Tillman v Egon Zehnder Limited.
During last month’s scorching heat wave, the Trade Union Congress (TUC) called foremployers to let staff work flexible hours or work remotely in a bid to help them cope withthe heat.
Baldeh v Churches Housing Association of Dudley and District Ltd.
Atholl House Productions Ltd v HMRC.
The aim of integrity, health and safety, and fair competition should apply to most, if not all, industries and therefore these vital disclosures should be encouraged, not punished.
In the recent case of Network Rail Infrastructure v Crawford, for workers deemed “special workers”, compensatory rest need not be an uninterrupted break for 20 minutes. This case concerned a railway signal controller, who had more than 20 minutes’ break available to him in an eight-hour shift but his breaks weren’t for a continuous 20 […]
Gender pay: New legislation introduced in 2018 requires large employers (250 employees or more) to publish their overall mean and median gender pay gaps.
Former Team-GB cyclist Jess Varnish brought an Employment Tribunal claim against British Cycling and UK Sport, with the aim of establishing that she was an employee of the organisation(s).
There’s been a dramatic rise in Employment Tribunal claims since fees for bringing an employment claim were abolished in July 2017.
On 10 October 2018, arguably one of the most highly anticipated court judgments of our time – in the so-called the ‘gay cake’ case – was declared by the Supreme Court.
Nearly 9 in 10 HR professionals have noticed that employees are spending longer at work than is required of them. This is thought to be a reflection of unmanageable workloads and employees feeling more insecure about their jobs.
Pizza Hut have been ordered to pay £15,800 to a schoolgirl who was working as a receptionist in a Pizza Hut delivery branch after she won her sexual harassment case against the firm.
The pay gap for disabled workers is at its highest since 2013, and disabled workers now earn on average £1.50 less an hour than those without a disability. This is the highest pay gap since the government began publishing comparable data in 2013.
Self-employed plumber Gary Smith has won his case against his former employer, Pimlico Plumbers. The case concerned whether Gary was entitled to working rights.
More than 1500 companies who employ over 250 people failed to report their gender pay gap results on the 4th April. While for many businesses it was a bit of a damp squib, those that failed to report could face a tougher time, not least because failure to report is a breach of the Equality […]
The Equalities and Human Rights Commission has identified widespread failures by employers to set out sufficient processes and policies on sexual harassment.
Despite shared parental leave being introduced in 2015, only 2% of those couples eligible for the leave have chosen to use it. In a bid to boost take up, the government has launched a £1.5 million “Share the Joy” campaign.
As you will be aware by now, the GDPR comes into force in the UK on 25th May 2018. If you aren’t already making preparations to ensure that you are compliant with the GDPR, you need to start doing so as soon as possible.
In a complex and ongoing case, the Court of Appeal reversed a ruling by the Employment Appeal Tribunal (“EAT”) which had found that an employee could succeed in a claim for automatically unfair dismissal for whistleblowing even if the person making the decision to dismiss was unaware of the employee having blown the whistle.
In our previous update, we advised you that the Employment Appeal Tribunal (“EAT”) had held that Uber’s drivers are to be classed as workers. This means that they are afforded employment rights, including protection from unlawful deduction of wages, entitlement to the national minimum wage and paid annual leave.
Any employer knows any dismissal on the grounds of misconduct can only occur after a thorough investigation. It is not unusual for the former employee to claim that the investigation, and therefore their dismissal, was unfair. In turn, this has led to more and more thorough investigations being carried out.
In April 2017, the government introduced an apprenticeship levy; a tax on UK employers to support the funding of apprentices. Any private or public company with a total wage bill of more than £3 million is required to put 0.5% of their payroll into the levy. Though slightly worryingly, a poll earlier this year for […]
The Employment Appeal Tribunal (EAT) has ruled that voluntary overtime must be included when calculating holiday pay.
On 26 July 2017 the Supreme Court handed down a landmark judgment, finding that tribunal fees for those bringing employment tribunal claims are no longer lawful.
If you find yourself in circumstances where you are offered a Settlement Agreement (formerly known as Compromise Agreement) upon leaving a business, understanding the terms and deciding whether to accept can be quite daunting.
In short the answer is yes but only in certain cases. In the recent months there has been a high level of media coverage on this topic following the European Court of Justice (ECJ) giving judgement in two cases relating to Muslim women whose employment was terminated because of their insistence on wearing headscarves in […]
The Supreme Court has refused permission to appeal to British Gas in the holiday pay case Lock v British Gas. This provides some much needed clarity. We now know that results-based commission (i.e. commission based on sales received) and non-guaranteed overtime (i.e. overtime which employers are not obliged to offer but workers are contractually obligated to perform) must […]
Usually when an employee’s employment is terminated, the appropriate amount of notice must be given by the employer. The Employment Rights Act 1996 sets out the minimum amount of notice that must be given while an employee’s contract could also stipulate that a greater amount of notice must be provided. If the employer dismisses the […]
Employment tribunal fees were introduced by the government in July 2013. They range from £390 for a claim for unpaid wages, to £1,200 for unfair dismissal. Official statistics show that in the year after their introduction, the number of claims brought had fallen by approximately 70%. There has therefore been much debate about whether the […]
In the case of Herry v Dudley Metropolitan Council UKEAT/0100/16/LA an Employment Appeal Tribunal (EAT) has provided some welcome guidance on whether long-term stress will be classified as a ‘disability’ for the purposes of discrimination proceedings.
According to think-tank High Pay Centre (HPC), by midday on Wednesday 4 January 2017, Britain’s top bosses had earnt more in two and a half days than the average UK worker will make the entire year  The data on the day dubbed ‘Fat Cat Wednesday’ illustrated the stark disparity in pay between the UK’s highest […]
There has been much debate in recent months over the legal employment status of workers within the ‘gig economy’ – a growing trend whereby corporations provide their services through a number of ‘self-employed’ contractors who (in theory) choose to work as and when they please. Because of their supposed employment status, those ‘contractors’ would not […]