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.
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.
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 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 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.
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.
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.
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.
The Court of Appeal have overturned the High Court’s decision that an employer was not vicariously liable for an assault carried out by the organisation’s Managing Director at an impromptu drinking session after the company Christmas party.
Alongside minimum wage increases, uplifts to statutory payments and the increase in auto-enrolment contributions, changes to the rules on taxation of termination payments will be introduced in April 2018.