• Careers
  • Contact Us
Employment

Employment

Articles & Blogs Employment

Will Working a Notice Period After Resigning in Response to Repudiatory Breach Affirm the Contract?

Friday, 31 August 2018

In the face of a repudiatory breach of contract, an employee must not leave it too long before resigning, otherwise, they will be taken to have waived the breach.

Breach of Contract

Articles & Blogs Employment

Legal Advice Privilege - a Cautionary Tale

Friday, 17 August 2018

In the case of X v Y Ltd, the Employment Appeal Tribunal (EAT) considered the limits of what is privileged.

Legal Advice Privilege - a Cautionary Tale

Articles & Blogs Employment

Can a TUPE Transfer Still Occur Where There Is a Temporary Cessation of Activities?

Friday, 17 August 2018

Yes, held the European Court of Justice (ECJ) in a recent case, ruling that a five month cessation of a school's activities, before recommencement by a different contractor, did not preclude the possibility of a TUPE transfer taking place.

Can a TUPE Transfer Still Occur Where There is a Temporary Cessation of Activities?

Articles & Blogs Employment

Supreme Court Considers Legality of Enhanced Criminal Record Checks

Friday, 10 August 2018

In the case of R (AR) v Chief Constable of Greater Manchester Police, the Supreme Court assessed whether it was a breach of AR's right to a private life and right of presumed innocence...

The Supreme Court Considers the Legality of Enhanced Criminal Record Checks

Articles & Blogs Employment

August 2018 - New Key Enquiries Launched

Friday, 10 August 2018

Following recent specific inquiries, including those on pregnancy and maternity discrimination, workplace dress-codes, older people and employment and sexual harassment in the workplace...

August 2018 - New Key Enquiries Launched

Articles & Blogs Employment

Employment Relationship Deemed to Exist Despite Contract with a Personal Service Company

Friday, 10 August 2018

In the recent case of Sprint Electric Ltd v Buyer's Dream Ltd the High Court has held that an individual who provided his services through a personal service company was in fact an employee of the client.

Employment Relationship Deemed to Exist Despite Contract with a Personal Service Company

Articles & Blogs Employment

Caste Discrimination to Be Prohibited Through Case Law

Friday, 03 August 2018

Following consultation, the government has decided not to make caste a protected characteristic in its own right.

Government

Articles & Blogs Employment

Employment Disputes - Do You Owe a Duty of Care to Your Employees?

Friday, 03 August 2018

Not when defending claims based on the alleged misconduct of the employees, held the Supreme Court in a recent case.

Litigation

Articles & Blogs Employment

Should Employers Be Duty-Bound to Prevent Sexual Harassment?

Friday, 03 August 2018

Yes, says the Women and Equalities Committee in their report following a six month inquiry investigating sexual harassment in the workplace.

Sexual Harrassement

Articles & Blogs Employment

When Does Sleep Count as Work?

Friday, 20 July 2018

The Court of Appeal considered this question in the case of Shannon v Rampersad (t/a Clifton House Residential Home) and Royal Mencap Society v Mrs Tomlinson-Blake in the context of when 'sleep-in' workers are entitled to the minimum wage.

When Does Sleep Count as Work?

Articles & Blogs Employment

What Does the Government's Brexit White Paper Mean for Employers?

Friday, 20 July 2018

As the United Kingdom prepares to leave the European Union on 29 March 2019, the Government has released a White Paper setting out what it wants from the future relationship between the UK and EU.

What Does the Government's Brexit White Paper Mean for Employers?

Articles & Blogs Employment

Protection from Unfair Dismissal - Statutory Notice and Gross Misconduct

Friday, 13 July 2018

Where an employee is summarily dismissed just short of acquiring protection from unfair dismissal, can one week's statutory notice be added to the length of their employment?

Protection from Unfair Dismissal - Statutory Notice and Gross Misconduct

Articles & Blogs Employment

Voluntary Overtime Should Be Taken into Account When Calculating Holiday Pay

Friday, 13 July 2018

The Employment Appeal Tribunal (EAT) determined, in the case of Flowers v East of England Ambulance Trust that voluntary overtime paid over a sufficient period should be taken into account when calculating pay due to an employee during their annual leave.

Voluntary Overtime Should Be Taken into Account When Calculating Holiday Pay

Articles & Blogs Employment

Failure to Consider Part-Time Working Prevents Objective Justification of Discrimination Arising from Disability

Friday, 13 July 2018

In the case of Ali v Torrosian and others (t/a Bedford Hill Family Practice), Dr Ali successfully appealed to the EAT against a decision that the GP practice in which he had worked had not discriminated against him by dismissing him on capability grounds.

Failure to Consider Part-Time Working Prevents Objective Justification of Discrimination Arising from Disability

Articles & Blogs Employment

Employee Dismissed over Right to Work - Appeal Should Have Been Granted

Friday, 06 July 2018

Where an employer has reasonably (but mistakenly) reached the conclusion that an employee has no right to work in the UK, is it fair to refuse a right of appeal against dismissal?

Immigration Law