Employment

Articles & Blogs Employment

Did Disability Have a "Material Influence" on Decision to Dismiss?

Friday, 17 May 2019

A recent case, Baldeh v Churches Housing Associate of Dudley and District Ltd highlights the risks that an employer needs to consider when dismissing someone who is classified as disabled under the Equality Act 2010.

Articles & Blogs Employment

Response to Government Consultation Backs More Robust Redundancy Protection for Women and Parents

Friday, 17 May 2019

On 15 February we reported on the Government's consultation paper to collect opinions on plans to extend the protections from redundancy and discrimination for women on maternity leave and other expectant parents.

Articles & Blogs Employment

TUPE and Insolvency: What Is the Extent of Your Liability?

Friday, 03 May 2019

A recent Court of Appeal case, Graysons Restaurants Ltd v Jones and Others, illustrates the importance of carrying out due diligence when taking on staff from an insolvent employer.

Articles & Blogs Employment

Loose Women Presenter Avoids Paying Employee Taxes

Friday, 03 May 2019

In Atholl House Productions Limited v HMRC, it was found that Loose Women presenter Kaye Adams, who had provided services to the BBC through a service company, was not an employee of the BBC for tax purposes.

Articles & Blogs Employment

Is a Strike-Out Always the Right Answer?

Friday, 26 April 2019

Striking out a claim is a draconian step. Although each case will turn on its own facts, where claimants are unrepresented it may be more appropriate to apply for a deposit order.

Articles & Blogs Employment

What Counts as 'Actual Working Time' for On-Call Staff?

Friday, 26 April 2019

A recent case, Frudd v Partington Group, highlights the continuing difficulties in establishing what counts as 'time work' for on-call staff and whether they should be paid for this.

Articles & Blogs Employment

'Fowl' Play - Chicken Company's Directors Personally Liable for Breached Contracts

Thursday, 18 April 2019

In Antuzis v DJ Houghton Catching Services Ltd, the director and company secretary were held personally liable for breaches of the claimants' employment contracts.

Articles & Blogs Employment

Can an Employer Be Liable if an Employee Sustains an Injury at a Work Party?

Thursday, 18 April 2019

Yes. However on the facts of Shelbourne v Cancer Research UK, the High Court found that Cancer Research UK was not liable, vicariously or in negligence, for an employee's injury at a work party.

Articles & Blogs Employment

Resurrection of the £95k Public Sector Exit Pay Cap

Thursday, 18 April 2019

The government is currently consulting on the implementation of a £95,000 cap to exit payments in the public sector. The proposed cap, which will apply to public sector employers including academies, was first devised back in 2015.

Articles & Blogs Employment

Disability Benefits to Be Paid by Employer Until Death or Retirement

Thursday, 18 April 2019

Employees may be entitled to receive long term disability payments until death or retirement, even if their disability would allow them to work in some capacity.

Articles & Blogs Employment

Gay Headteacher Discriminated Against over Dating App Threesome

Friday, 12 April 2019

The Employment Appeal Tribunal has ruled that a Headteacher was subjected to sexual orientation discrimination and constructively dismissed following an inadequate investigation and procedural errors in the school's disciplinary process.

Articles & Blogs Employment

5 Changes in Employment Law You Should Know About

Friday, 12 April 2019

Articles & Blogs Employment

Can Policies Be Relevant to the Reasonableness of Adjustments?

Friday, 12 April 2019

An employer's discretionary and non-contractual policy was held to be relevant to the question of whether it would have been reasonable to make a particular adjustment for a disabled employee.

Articles & Blogs Employment

Increases to Injury to Feelings Compensation

Friday, 12 April 2019

The recommended amounts to be awarded to claimants for injured feelings in discrimination and whistleblowing claims have increased.

Articles & Blogs Employment

Handling Capability Issues - A Cautionary Tale for Employers

Friday, 05 April 2019

In Iwuchukwu v City Hospitals Sunderland NHS Foundation Trust the Court of Appeal restored the Employment Tribunal's findings of race discrimination, victimisation and unfair dismissal. The case is a useful reminder for employers...