Employment Law Brief

Articles & Blogs Employment

TUPE or Not TUPE? - Transferring Tangible Assets

Friday, 02 August 2019

Does the transfer of tangible assets determine whether a TUPE transfer has taken place?

Employment Law - TUPE - Transfer of Assets

Articles & Blogs Employment

Agency Workers Not Entitled to Same Number of Hours As Permanent Employees

Friday, 26 July 2019

In Kocur v Angard Staffing Solutions Ltd the Court of Appeal explored whether an agency worker who was doing the same job as a worker employed directly by the hiring organisation, Royal Mail, was entitled to be offered the same hours of work.

Agency Workers Not Entitled to Same Number of Hours As Permanent Employees

Articles & Blogs Employment

When Might a Tribunal Award Several Years' Loss of Salary?

Friday, 26 July 2019

It is rare for a tribunal to award a compensatory award including over three years' loss of earnings.

When Might a Tribunal Award Several Years' Loss of Salary?

Articles & Blogs Employment

No Room for Error - Claims Rejected for Mistakes in Claim Forms

Friday, 26 July 2019

The Employment Appeal Tribunal (EAT) has held that an employee was not able to amend his claim forms, which included incorrect Early Conciliation certificate numbers, causing his claims to be rejected (E. ON Control Solutions Ltd v Caspall).

No Room for Error - Claims Rejected for Mistakes in Claim Forms

Articles & Blogs Employment

National Minimum Wage Records - a Warning to Business Purchasers

Friday, 19 July 2019

The recent case of Mears Homecare Limited v Bradburn has highlighted the importance of including national minimum wage (NMW) records in the transfer of paperwork, when employees are transferring under TUPE.

National Minimum Wage Records - a Warning to Business Purchasers

Articles & Blogs Employment

Could You Have Constructive Knowledge of a Reticent Employee's Disability?

Friday, 19 July 2019

An employer who failed to conduct proper enquiries into their employee's mental health nevertheless did not have constructive knowledge of the employee's disability, as the employee would not have disclosed her disability to them regardless.

Could You Have Constructive Knowledge of a Reticent Employee's Disability?

Articles & Blogs Employment

Is It Misconduct to Make Covert Recordings at Work?

Friday, 19 July 2019

It is likely to be, except in the most pressing circumstances, held the Employment Appeal Tribunal (EAT) in Phoenix House Limited v Mrs Stockman.

Is It Misconduct to Make Covert Recordings at Work?

Articles & Blogs Employment

Religious Discrimination - It's All in the Delivery

Friday, 12 July 2019

A recent case confirms that a NHS Non-Executive Director (NED) was not discriminated against when he was dismissed from his role, following his publicising of his views about same sex adoption.

Religious Discrimination - It's All in the Delivery

Articles & Blogs Employment

Supreme Court Amends a Post Termination Non-Compete Clause in Recruiters Contract to Make It Enforceable

Friday, 12 July 2019

In Tillman v Egon Zehnder Ltd the Supreme Court has overturned a 99-year-old Court of Appeal authority, finding that unenforceably wide wording could be severed from a non-compete restrictive covenant in an employment contract...

Amendments to post termination non compete clause in recruiters contracts

Articles & Blogs Employment

Was an Employer Liable for an Employee's Racially Offensive Social Media Post?

Friday, 12 July 2019

An employee posting offensive content on Facebook is a nightmare for employers. Not only do you need to deal with potential disciplinary and reputational issues, but you may also face claims from offended employees...

Was an Employer Liable for an Employee's Racially Offensive Social Media Post?

Articles & Blogs Employment

Funding Cuts and Policy Change - Managing the Risks

Friday, 05 July 2019

Funding cuts leading to changes in the Ministry of Justice's pay policy were capable of justifying indirect age discrimination, the Employment Appeal Tribunal has held.

Funding Cuts and Policy Change - Managing the Risks

Articles & Blogs Employment

Perceived Disability - What Are the Risks?

Friday, 05 July 2019

The Court of Appeal has upheld the decision in Chief Constable of Norfolk v Coffey, reinforcing that employers need to be alive to the risks of discrimination claims not only from those employees whose conditions amount to a disability...

Perceived Disability - What Are the Risks?

Articles & Blogs Employment

Underpaid Holiday Pay - Could You Lose Your Right to Claim?

Friday, 05 July 2019

The implications of a recent case surrounding holiday pay in Northern Ireland could extend to the rest of the UK, in the event of a successful appeal.

Underpaid Holiday Pay - Could You Lose Your Right to Claim?

Articles & Blogs Employment

Did the Suspension of an Employee Due to an Effect Caused by Their Disability Amount to Harassment and Direct Discrimination?

Friday, 28 June 2019

No, said the Employment Appeal Tribunal (EAT) in Ahmed v The Cardinal Hume Academies.

Did the Suspension of an Employee Due to an Effect Caused by Their Disability Amount to Harassment and Direct Discrimination?

Articles & Blogs Employment

Injury to Feelings - What's It Worth?

Friday, 28 June 2019

When an employment tribunal awards compensation to a claimant for 'injury to feelings' in a discrimination claim, can that award be reduced if it is argued that the claimant's actions contributed in some way to the circumstances giving rise to the award?

Employment

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