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Employment - Legal Updates

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Feb
02
2017

Redundancy shortly after TUPE was for an ETO reason
#Employment

In Davies v Droylsden Academy, the claimant was a lettings manager at a company which provided property services to Droylsden Academy. ...

Feb
01
2017

Forgiven Not Forgotten? Fair dismissal despite employer’s reliance on expired warning
#Employment

In Stratford v Auto Trail VR Ltd the EAT found a dismissal to be fair despite the employer’s reliance on earlier expired warnings....

Jan
31
2017

Can directors be disqualified for employing illegal workers?
#Immigration #Employment #Outsourcing & Supply Chain #Directors' Duties

The Immigration, Asylum & Nationality Act 2006 (“IANA 2006”), makes employers responsible for preventing illegal working in the UK. Section 35 of the Immigration Act 2016 allows the Home Office to commence criminal proceedings against employers who know or have reasonable cause to believe that they are employing someone illegally....

Jan
30
2017

Rostering is part of statutory negotiations with a trade union
#Employment

Recognition of Trade unions in the workplace ...

Jan
27
2017

Overseas Domestic Worker visa – a route which tolerates abuse and slavery?
#Immigration #Employment #Private Client

Migrant domestic workers are vulnerable to trafficking, exploitation, and abuse. ...

Jan
20
2017

Bus company’s policy breached duty to make reasonable adjustments
#Employment

In the recent Supreme Court decision, First Group Plc v Paulley, a bus company was held to have failed in its duty, as a public service provider, to make reasonable adjustments when it requested that a non-disabled person vacate a designated wheelchair space but did not take steps to enforce this when she refused to move....

Jan
19
2017

Could Type 2 diabetes be a disability under the Equality Act 2010?
#Employment

Under the Equality Act 2010, a person with a progressive condition (such as Type 2 Diabetes) has a disability if they “have a physical or mental impairment” which “has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities... as a result of the condition.”...

Jan
19
2017

Mobility clauses made to move aside
#Employment

In the recent EAT case Kellogg Brown & Root (UK) Ltd (KBR) v Fitton & Anor, the Claimants’ employment contracts contained a broad mobility clause requiring them to relocate, if required, within the UK or elsewhere. KBR’s disciplinary procedure considered a refusal to comply with reasonable instructions, such as the mobility clause, an example of misconduct. ...

Jan
17
2017

Clarkslegal advises Meridian Leisure Hotels on its latest acquisition of an internationally branded hotel
#Commercial #Corporate #Employment

News - Clarkslegal corporate team have advised successfully MLH in latest acquisition...

Jan
17
2017

What Employers need to know about Biometric Residence Permits
#Immigration #Employment

Valuable advice for employers on Biometric Residence Rermits and why you and HR must be familiar with these documents....

Jan
13
2017

Another “Spoke in the Wheel” of the Gig Economy? Tribunal finds bike courier to be worker
#Employment

Following in the tracks of the recent “Uber” case, in Dewhurst v Citysprint UK Ltd a cycle courier has been found to be a worker and not self- employed as the employer claimed. ...

Jan
12
2017

Plot twist: dismissal for showing 18-rated film to 15-16 year olds was disability discrimination
#Employment

The case of City of York Council v Grosset concerned a teacher who had cystic fibrosis. The Claimant complained to the head teacher that his workload was unmanageable but no action was taken to try and reduce the Claimant’s workload....

Jan
06
2017

Can a temporary injury be a disability?
#Employment

The Spanish courts recently asked the European Court of Justice for guidance on whether an employee with a dislocated elbow could be classed as disabled, even though his injury was only temporary. Although this case was brought in the Spanish courts, the European Court’s decision is equally relevant to us here in the UK as our disability discrimination law is governed by the same overarching principles contained in the European Equal Treatment Directive....

Jan
06
2017

Do men actually earn less than women when it comes to part time work?
#Employment

Conservative MP Phillip Davies, a recently elected member of the Commons Women and Equalities Committee, has claimed that men actually earn less than women in part-time work. Could this be a surprising twist in the tale of gender pay gaps?...

Jan
04
2017

Tribunal not entitled to look behind earlier warning in unfair dismissal case
#Employment

In Perry’s Motor Sales Ltd v Edwards, the Claimant, a car dealership manager was dismissed for misconduct. The Claimant had previously received a final written warning for similar conduct which related to tampering with company paperwork. The Claimant did not appeal this warning, nor did he challenge its validity in his unfair dismissal claim....

Dec
29
2016

Employer’s view on employee’s dishonesty that matters, not Tribunal’s, in claims for re-engagement
#Employment

In the recent case of United Lincolnshire Hospitals NHS Foundation Trust v Farren, the EAT held that it is the employer’s view of the dishonesty of an employee seeking re-engagement that matters, ...

Dec
23
2016

Woman entitled to compensation for failure to pay SMP despite “full and final” ACAS settlement
#Employment

In Campus Living Villages UK v Commissioners for HMRC & Sexton, Ms Sexton was employed by Campus Living as Head of Finance. She was made redundant whilst pregnant and consequently brought claims of unfair dismissal and pregnancy discrimination....

Dec
23
2016

Refusal to grant Priest licence because of same sex marriage was not discriminatory as it was based on an occupational requirement
#Employment

In the recent case of Reverend Canon J C Pemberton v The Right Reverend Richard Inwood, Acting Bishop of Southwell and Nottingham, the Respondent was able to rely on an exception in the Equality Act 2010 to avoid liability for an otherwise discriminatory act....

Dec
22
2016

Medical Evidence Myth Busting
#Employment

Psychiatric illness, such as depression, may come as a consequence of unfair or discriminatory treatment by another employee or their employer. In Hampshire County Council v Wyatt, the EAT held that such injury does not have to be evidenced by expert medical reports (although it is strongly advised)....

Dec
22
2016

Workplace stress, on its own, is not a disability
#Employment

In Herry v Dudley MBC the EAT was asked to consider if stress amounted to a disability under the Equality Act. Further, it was asked to consider if the Tribunal had fully considered the Claimant’s ability to pay when ordering him to pay all the Respondent’s costs (in excess of £100,000)....

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