The Employment Appeal Tribunal (EAT) has found that in claims of constructive dismissal, even if the ‘last straw’ act that led to a resignation is considered ‘innocuous’, claimants can still rely on prior actions from the organisation.
In a press conference on Monday, Prime Minister Boris Johnson has outlined dates for the reopening of organisations as lockdown measures continue to be eased, which apply to England.
To counteract the spread of COVID-19, the UK government initialised country-wide lockdown in March 2020, which will be subject to review going forward. In short, the UK lockdown will eventually come to an end and it is important that you plan for a return to normal that helps to better protect the safety of your staff.
The government has announced new legislation outlining that where statutory maternity leave starts on or after 25 April 2020, statutory maternity pay (SMP) will be assessed according to the employee’s normal, full pay rather than their furlough pay.
The Employment Appeal Tribunal (EAT) has ruled that a tribunal had erred by finding an organisation had harassed an employee despite also finding its officers had not been motivated by discrimination.
The Supreme Court has overturned previous rulings, finding that Morrisons were not vicariously liable for the actions of an employee who illegally distributed personal data of nearly 100,000 staff.
The Employment Appeal Tribunal (EAT) has held that it was reasonable for a charity to dismiss a long-service employee with criminal charges due to the potential for reputational damage.
Prime Minister Boris Johnson has announced that statutory sick pay (SSP) will be paid from day one, not day four, for employees who have the coronavirus.
Changes to the statutory scheme are due to take effect from 6 April 2020. These include extending the right to receive a statement to all workers, increasing the mandatory information and making this a day-one right.
The Court of Appeal has upheld earlier decisions that a provision criterion or practice (PCP) can be established by one-off acts committed by an organisation, but not always.
The Employment Appeal Tribunal (EAT) has ruled that, when bringing a claim of disability discrimination, a claimant must show that their condition has a ‘long-term effect’ at the time of the alleged acts of discrimination.
The Employment Appeal Tribunal (EAT) has found that permitting an employee to work from home at a monetary loss to the organisation could not be considered a reasonable adjustment.
The Employment Appeal Tribunal (EAT) has held that there can be circumstances where, when considering misconduct, a separate investigatory and disciplinary hearing is not required.
The Employment Appeal Tribunal (EAT) has ruled that managers who disrupt normal proceedings by ‘meddling’ in them can lead to organisations facing successful unfair dismissal claims.
Changes to the statutory scheme are due to take effect from 6 April 2020. These include extending the right to receive a statement to all workers, increasing the mandatory information and making this a day-one right.
What employment law changes to expect in 2020. Also recent case law rules that managers who disrupt normal proceedings by 'meddilng' in them can lead to organisations facing unfair dismissal claims
The Supreme Court has ruled that in situations where the real reason behind the decision to dismiss an employee is hidden from the decision-maker by an ‘invented reason’, it is the hidden, real reason that should be taken as the true reason for dismissal.
The European Court of Justice (ECJ) has confirmed that Member States do not need to allow untaken holidays in excess of four weeks to be carried over into the next leave year when the employee has been on sickness absence.
Christmas is just around the corner and many organisations will likely be planning the annual Christmas party. However, they may not be thinking about the dangers of employee misconduct.
The Employment Appeal Tribunal (EAT) has provided further clarification on how statutory and contractual redundancy pay should be provided to employees.
The Employment Appeal Tribunal (EAT) has held that a worker who was denied a rest break, and later threatened with dismissal when he refused to return to work as a result, was subjected to an unlawful detriment.
Business in the Community (BITC) has published guidance for organisations, encouraging them to provide more support to employees in financial difficulty.
In a landmark ruling, the Supreme Court has confirmed that unreasonably wide wording in a post-termination covenant can be removed, and the covenant still enforced, if this does not generate any significant change to the overall effect of the restraint.
The Employment Appeal Tribunal (EAT) has ruled that, when evaluating if an impairment should be classed as ‘long-term’, and therefore a disability, organisations should determine the likelihood of it recurring at the time of the potentially discriminatory act.
The Prime Minister has outlined plans to consult on reducing the unfair dismissal qualifying period from two years to one year if his Brexit deal successfully passes through Parliament.
The Employment Appeal Tribunal (EAT) has ruled that an employee was not unfairly dismissed despite content being removed from an investigation report into his conduct that expressed views in his favour.
The Employment Appeal Tribunal (EAT) has held that organisations can potentially avoid liability for acts of discrimination committed by employees if it is clearly established that the act complained of took place outside of work.
The Employment Appeal Tribunal (EAT) has found that direct discrimination claims resting on the discriminator’s protected characteristic will not succeed at tribunals.
The Court of Appeal has held that holiday pay for permanent staff who only work part of the year, such as term time workers, should be calculated using average earnings over a 12-week period and not pro-rated.
In a landmark judgement, the Court of Appeal has ruled that voluntary overtime does need to be taken into account when calculating holiday pay if it is ‘sufficiently regular and settled’.
Charity Citizens UK estimates that 42 per cent of workers at Premier League clubs, such as cleaners, security guards and caterers, are paid below the real Living Wage amount.
The line offers legal advice to women in the workplace and helps them to make ‘informed’ choices about the next steps to take if they wish to make an accusation.
The Employment Appeal Tribunal (EAT) has ruled that organisations should focus on the particular disadvantage suffered by an employee when making reasonable adjustments.
The Employment Appeal Tribunal (EAT) has ruled that an employee who covertly recorded a meeting did not automatically break the implied term of mutual trust and confidence.
The Employment Appeal Tribunal (EAT) has ruled that a director’s removal, after giving high-profile interviews on his religious opinion, was not religious discrimination.
The Employment Appeal Tribunal (EAT) has ruled that the side effects from the treatment of a visual impairment did not need to be considered when assessing the employee’s disability.
The Employment Appeal Tribunal (EAT) has ruled that a one-off act of discrimination does not limit tribunals to making an award in the lower Vento band for injury to feelings compensation.
Landmark ruling confirms previous case law by concluding ‘sufficiently regular and settled overtime’ should be considered part of ‘normal remuneration’ for the purposes of calculating holiday pay.
Balancing work and family commitments, BAME employees being asked to use more 'western' sounding names at work and the nurse who was fairly dismissed after discussing religion with patients
The Court of Appeal has ruled that a nurse was fairly dismissed on allegations she had engaged in inappropriate discussions with patients about religion.
New research shows that a number of Black, Asian and Minority Ethnic (BAME) employees have directly, or indirectly, been told to use more ‘western’ sounding names in the workplace.
The Employment Appeal Tribunal (EAT) has ruled in this case that there was no causal connection between an employee’s mistaken belief and her disability in order to prove discrimination arising from a disability, although this may not always be the case.
Last Sunday (5 May 2019) signified the beginning of Ramadan, the holy month of the Islamic calendar in which Muslims often commit to a period of fasting during daylight hours. Here are some tips for organisations, unfamiliar with the practice, to help them support their staff during this time:
The Employment Appeal Tribunal (EAT) has ruled that a person who was otherwise a suitable comparator in a direct discrimination claim was not rendered unsuitable merely because a different decision maker was involved.
Latest figures from the Ministry of Justice show there was a 37 per cent increase in claims in 2018 which, according to law firm Fox & Partners, relates to the impact of stress in the workplace.
Whether it’s the right to a day off, double pay, or time off in lieu there are a number of common misconceptions when it comes to bank holiday working. As we approach the Easter weekend, let’s get some things ironed out.
Also, latest employment tribunal statistics and case law - automatic unfair dismissal.
The Employment Appeal Tribunal (EAT) has outlined that the ‘reason why’ an organisation committed an act must be considered when establishing a claim for pregnancy discrimination.
The Employment Appeal Tribunal (EAT) has ruled protection against unfair dismissal following the assertion of a statutory right requires an allegation of an actual breach.
Judge finds that a policy which instructed employees on ‘restricted duties’ to be transferred to a desk-based role indirectly discriminated against pregnant women.
The Court of Appeal has ruled that the decision to suspend an employee will not necessarily amount to a breach of implied mutual trust and confidence depending on the facts of each case.
Handling long-term sickness absence is a delicate matter for a business: the illness may be serious, it may involve surgery and recovery time, or it could be a mental health problem. Managing such issues requires a sympathetic approach but you may also find yourself in the situation where you suspect an illness is being deliberately drawn out to delay a return to work.
The Court of Appeal (CA) has dismissed Uber’s appeal against the employment tribunal (ET) and Employment Appeal Tribunal’s (EAT) decision that drivers engaged by Uber were not self-employed contractors, but fell squarely within the legal definition of ‘worker’ under the Employment Rights Act 1996, the Working Time Regulations 1998 and the National Minimum Wage Act 1998.
It’s the start of a New Year, and moving on from reflecting on your business challenges in 2018, it’s time to review with renewed passion and zest the Challenges facing your business and what you need to achieve in 2019.
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