Online applications on the line

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 […]

Indirect sex discrimination – childcare

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 […]

‘No jab, no job’ – why we don’t advise employers to have a mandatory vaccination policy

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 […]

Are anxious whistleblowers blowing into the wind?

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 […]

Case Law: WM Morrison Supermarkets plc v Various Claimants

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 […]

£9,000 settlement for transgender woman

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 […]

Not all workers get 20 uninterrupted minutes off

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 […]

Employee dismissal – being aware matters

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.

Uber loses a battle but the war continues

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.

Update on holiday pay cases

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 […]

Adekosan v Sainsbury’s Supermarkets Limited – can gross negligence justify dismissal without notice?

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 […]

Tribunal fees report: the introduction of Employment Tribunal fees has “broadly met its objectives” the government concludes

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 […]

The Law Society calls for employment law reform in the wake of the ‘gig economy.’

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 […]