The Employment Appeal Tribunal was called upon to assess whether or not an employee who volunteered for redundancy could pursue an unfair dismissal claim.
The Government’s Office for Health Improvement and Disparities recently published its updated COVID-19 mental health and wellbeing surveillance report. This report looks at population mental health and wellbeing in England during the coronavirus pandemic.
The employment tribunal recently found that an employee who returned to work from maternity leave on a part-time basis after having triplets was subject to sex discrimination and less favourable treatment compared to a full-time equivalent male worker.
Specific legal protection applies to those who are pregnant, new mothers and those who have suffered a miscarriage (two weeks after the miscarriage). The Employment Tribunal (ET) in this case had to assess a matter of potential sex discrimination associated with miscarriage, outside of the protected period.
The Employment Appeal Tribunal was asked to consider whether or not the claimant was dismissed by the respondents’ actions in terminating his employment early during his notice period, which he was serving as a result of his resignation.
In this decision on vicarious liability, the Court of Appeal was called upon to consider the employer's liability for an employee's practical joke that resulted in hearing loss for the contractor involved. In particular, they had to consider to what extent an injury is foreseeable when the employer's materials are used to inflict injury.
This Court of Appeal (CoA) decision involved worker status and whether or not a commitment to offer or accept a minimum amount of work was crucial to worker status for the purposes of claiming holiday pay.
The Employment Appeal Tribunal had to consider the status of owner driver franchisees in this case on employment status and consider once again the written agreement between the parties, the extent that represented the true relationship between the parties and the right of substitution found within it.
In another status case, the Employment Appeal Tribunal was called upon to weigh the balance of the requirement to provide personal service against the degree of control held by the claimant, and decide which side of the self-employed / worker status debate this particular claimant fell.
In this decision on unfair dismissal and discrimination, the Employment Tribunal (ET) had to consider if an academic, who claimed her race and sex lead to inherent characteristics of being naturally loud and argumentative, and her body language demonstrative, was unfairly dismissed and discriminated against for the way she dealt with PhD students.
In this decision on unfair dismissal related to health and safety, as a result of an employee’s refusal to attend the workplace due to fear of serious or imminent danger from Covid, the Employment Tribunal had to consider if ‘something more’ than merely the existence of Covid was required for an employee's refusal to attend work to be reasonable and protected from dismissal. It also had to decide if the employer’s actions in dismissing rather than discussing the matter with the employee were fair.
In this decision on flexible working decision periods, the Employment Appeals Tribunal (EAT) had to decide if the Tribunal was correct in deciding that the three-month decision-making period under the flexible working rules had been extended by retrospective agreement, and therefore the claim before the Employment Tribunal (ET) was premature and as such outside of its jurisdiction to hear.
In this decision on unfair dismissal related to health and safety, as a result of an employee’s refusal to attend the workplace due to fear of serious or imminent danger from Covid, the Employment Tribunal had to consider if ‘something more’ than merely the existence of Covid was required for an employees refusal to attend work to be reasonable and protected from dismissal. It also had to decide if the employer’s actions in dismissing rather than discussing the matter with the employee were fair.
In this decision on unfair dismissal, the Employment Appeal Tribunal (EAT) had to consider whether or not the Employment Tribunal (ET) conclusions were perverse in a case where numerous and vexatious grievances were found to be a fair reason for dismissal, and if it had erred in failing to consider whether the conduct relied upon was capable of amounting to gross misconduct in the contractual sense
The government has announced its proposed rates for statutory maternity, paternity, adoption, parental bereavement and shared parental payments from April 2022, as well as the rate for statutory sick pay
The Court of Appeal (CoA) has confirmed that in order for a condition to be a disability, there must be a long term and lasting effect upon the individuals day-to-day life, and that is not necessarily the case if it is managed and later flares up again.
In this decision on deductions and the national minimum wage (NMW), the Employment Appeals Tribunal (EAT) overturned the decision of the initial Employment Tribunal (ET) in holding that where expenses are directly connected with employment, they fall within NMW legislation, even if the obligation resulting in the expenditure could have been met in another way.
The Court of Appeal has upheld earlier decisions of the ET and EAT in another gig economy case, confirming that the ability to offer a piece of work to a substitute does not mean that the service is not provided personally, and therefore does not mean they cannot be found to be a worker.
The Government has launched a consultation into changing current flexible working legislation. This is open until 1 December 2021, where the responses will then be reviewed and a decision on any changes confirmed. Until then, all current rules and processes will remain in place as usual.
An important judgement has recently been handed down by the Employment Appeals Tribunal (EAT). In this case, involving Carillion Services Ltd and their failure to collectedly consult with their staff prior to their sudden closure back in January 2018.
John Lewis, Body Shop International, Pret A Manger and Sheffield United Football Club are among almost 200 firms “named and shamed” by the Government for not paying workers the minimum wage.
The Supreme Court has affirmed the Court of Appeal’s decision in finding that claimants must provide evidence to the tribunal in discrimination claims.
In a joint initiative with the Department for Business, Energy and Industrial Strategy (BEIS), Acas has launched a new advice hub to help disabled people understand their rights at work.
John Lewis, Body Shop International, Pret A Manger and Sheffield United Football Club are among almost 200 firms “named and shamed” by the Government for not paying workers the minimum wage.
The Employment Appeal Tribunal (EAT) has decided that the Employment Tribunal had erred in law by relying on irrelevant medical records in a disability discrimination claim, and for not considering the claimant's challenge to the respondent’s justification defence.
An employment appeal tribunal (EAT) has upheld a claim of indirect sex discrimination because the employer had not considered the employee’s childcaring responsibilities.
An employment appeal tribunal (EAT) has held that employees cannot face a detriment for taking part in industrial action, even if the detriment is not dismissal.
The Government has given its response to the consultation on sexual harassment in the workplace, outlining a new duty on organisations to prevent sexual harassment in the workplace.
Dubbed a “pingdemic”, as restrictions eased in England thousands have been notified by the NHS test and trace app that they must self-isolate for 10 days. This is due to them being identified as a close contact of someone who recently tested positive for Covid-19. The adverse effects have been most felt by employers, some of whom are now experiencing staff shortages and have had to close their businesses.
An employment tribunal (ET) has held that an employer unfairly dismissed their employee who refused to agree to proposed employment contract changes due to coronavirus.
The Government confirmed on 8 June 2021 that it will be creating a watchdog to protect workers’ rights, including tackling modern slavery, and enforcing minimum wage laws.
In a case that hit the headlines when author JK Rowling was attacked for tweeting in favour of the claimant, the Employment Appeal Tribunal (EAT) has now handed down a judgment in favour of Maya Forstater.
The Court of Appeal has refused to hear an appeal against a decision which found that private-hire drivers were ‘workers’ and not ‘independent contractors’
Last week, we published the below article on virtual right to work checks, outlining plans for them to come to an end on 17 May 2021. However, the government have since confirmed that this will be delayed until 21 June 2021. Please read below for more.
As a result of the pandemic, last year the government made it possible for organisations to conduct right to work changes virtually on a temporary basis. This is due to end this month.
The Employment Appeal Tribunal (EAT) has held that a man on shared parental leave (SPL) being paid less than a woman on adoption leave (AL) was not sex discrimination.
With the Ministry of Justice releasing the statistics for October to December 2020, we can take a look at employment tribunal numbers for this quarter.
The Supreme Court has announced its judgment in the Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad and another (T/A Clifton House Residential Home) cases on the payment of sleep-in shifts for support workers.
Due to the reintroduction of lockdowns across Britain, shielding returned in England, Scotland and Wales. However, it has now been confirmed that it will once again be paused in the coming weeks.
The Employment Appeal Tribunal (EAT) has upheld the Employment Tribunal’s (ET) decision in finding that an organisation did not go far enough in preventing racial harassment and was thus liable for the harassment faced by the claimant.
The EAT has dismissed a victimisation claim, ruling that wording used by the claimant in a grievance was not sufficient to amount to a ‘protected act’. As she was experienced in HR, her wording called into question whether she believed she was discriminated against at the time.
The Employment Appeal Tribunal (EAT) has upheld a ruling that a pregnant police officer was discriminated against due to a policy that instructed pregnant officers to be transferred to a desk-based role.
Millions of workers lack basic protections if they lose their jobs in the coming months, the TUC has claimed, pointing to analysis showing that 7.5 million employees (one in four) began this year with no protection from unfair dismissal.
The below FAQs detail everything organisations need to know regarding the employment of foreign workers as a result of Brexit. In particular, they explore the position with EU citizens (which is the label used within it to refer to EU/EEA/Swiss citizens) who are already in the UK, who arrive until 31 December 2020 and who arrive in the UK from 1 January 2021.
Applications for the new skilled worker visa opened on 1 December, meaning, Home Secretary Priti Patel said, that the brightest and the best from around the world can now apply to work in the UK from the end of the transition period (1 January 2021).
Due to the extension of the Job Retention Scheme (JRS), the Government has released further guidance on furlough fraud and the penalties that may be payable if organisations do not notify HMRC of any overpayments of furlough grant payments made to them.
The Employment Appeal Tribunal (EAT) has considered when a notice of dismissal is said to have been served to an employee if they do not receive it due to being on holiday.
Chancellor’s decision to extend the Coronavirus Job Retention Scheme (CJRS) as a result of the Government’s decision to take England into a second lockdown.
The Employment Appeal Tribunal (EAT) has ruled that there was not a sufficient amount of control placed over a claimant in order to label him an employee of a company.
With the Ministry of Justice releasing the statistics for April-June 2020, we can take a look at employment tribunal numbers for this quarter alongside the largest amounts awarded from successful claims within financial year 2019/20.
With new laws surrounding breach of self-isolation requirements now in force, we explore what organisations need to be aware of if their employees are told to isolate.
The Employment Appeal Tribunal (EAT) has considered whether a claimant suffering from paranoid delusions had a disability for the purposes of the Equality Act 2010.
The Government has published guidance for employees and employers on employment rights when self-isolating on arrival to the UK from countries not on the travel corridor list, emphasising that an individual’s employment right is dependant on their employment status.
Described as an innovative new scheme to help young people into work and to spur Britain’s economic revival, Kickstart has been launched by the Treasury, with full details available at this link
The Employment Appeal Tribunal (EAT) has ruled that the tribunal did not err by finding a claimant had not demonstrated clear evidence that her ‘mixed personality’ disorder had a substantial adverse effect on her day-to-day activities.
People on low incomes, who need to self-isolate and are unable to work from home in areas with high incidence of COVID-19, are to benefit from a new payment scheme, the Department of Health and Social Care has announced.
The employment tribunal (ET) has ruled that a hairdresser was an employee, not self-employed, due to the level of control asserted on her by an organisation.
The EAT has provided guidance on situations where deducting wages for training costs and accommodation expenses could put organisations in breach of minimum wage law.
The Employment Appeal Tribunal (EAT) has upheld an earlier decision from the employment tribunal (ET), finding a worker supplied from one company to another met the definition of ‘agency worker’ as defined in the law.
The government has pledged to provide 30,000 new traineeships through increased funding, as part of new plans expected to be unveiled on Wednesday to help the UK recover from the coronavirus crisis.
The Employment Appeal Tribunal (EAT) has ruled that an employment tribunal (ET) was right to rely on medical evidence from a GP when it was contradicted by the claimant in a discrimination claim.
The third Treasury Direction on the furlough scheme has been released, confirming previously known details about the upcoming flexible furlough scheme whilst also clarifying a few areas.
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 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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