Latest News

Court of Appeal – August 2019 

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.

Court of Appeal – June 2019

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’. 

Employment Appeal Tribunal – June 2019 

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.

Employment Appeal Tribunal – May 2019 

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.

Employment Appeal Tribunal – May 2019

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.

Court of Appeal – March 2019

The Court of Appeal has ruled that a nurse was fairly dismissed on allegations she had engaged in inappropriate discussions with patients about religion.

Employment Appeal Tribunal – March 2019 

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.

Employment Appeal Tribunal – January 2019 

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.

Employment Appeal Tribunal – January 2019 

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.

Employment Appeal Tribunal – October 2018

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.

Court of Appeal – March 2019

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.

Court of Appeal – January 2019 

This case confirmed that the initial burden of proof in discrimination claims lies with the claimant to present evidence of any alleged wrongdoings.

Court of Appeal – December 2018 

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.