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Nov
04
2016

Grouping misconduct – a cautionary tale…
#Employment

In Broecker v Metroline Travel Limited, Mr Broecker was dismissed from his role as a bus driver for misconduct reasons. His employer specified four separate acts of misconduct: two for not following company policy when reporting bus faults and two for making unnecessary journeys after discovering a potential fault....

Nov
03
2016

Ashamed of your employer?
#Employment

With increasingly significant social responsibility pressures and UK laws like the Bribery or Modern Slavery Acts, any public exposure by regulators or media of alleged misbehaviours by well-known businesses, or by people they use as suppliers or agents, highlights the endless scrutiny of what companies do or neglect to do. ...

Oct
28
2016

The verdict is in: Uber Drivers ARE workers!
#Employment

Today the tribunal has handed down its judgment and has decided that they are workers and are not self-employed as Uber had claimed....

Oct
28
2016

You don’t call, you don’t write…
#Employment

In the recent EAT case of Sandle v Adecco UK Ltd, Mrs Sandle was an agency worker employed by Adecco and working on assignment at a third party. The assignment came to an end and then a stalemate ensued....

Oct
28
2016

Tribunal finds EasyJet discriminated against breastfeeding mothers
#Employment

An employment tribunal has concluded that some of EasyJet’s roster practices indirectly discriminated against two breastfeeding flight attendants....

Oct
28
2016

Tesco facing legal action over decision to cut pay
#Employment

Tesco made changes to their pay structures earlier in the year which resulted in an increase to basic pay but a decrease in pay related to unsocial hours, weekend work and bank holidays. As a result, 17 long-serving Tesco workers have reportedly initiated employment tribunal claims against the supermarket chain....

Oct
24
2016

Big brands face modern slavery challenge
#Employment #Outsourcing & Supply Chain

The news broken by the BBC Panorama investigation about refugees and children alleged to be working in Turkey on clothes for Marks and Spencer and ASOS, whatever the facts are found to be, highlights the challenge of supply chain management and risk to big brands of being linked with such accusations. ...

Oct
21
2016

“Private investigation” limits data privacy award
#Employment

A county court judge has rejected comparisons with phone hacking when setting a level for a data privacy award against the Metropolitan and Greater Manchester Police....

Oct
21
2016

A model recruitment process?
#Employment

A London recruitment agency, Matching Models, has been heavily criticised for posting job adverts on their website for “attractive women”, a “sexy female driver”, and a PA with “a classic look, brown long hair with b-c cup”....

Oct
17
2016

Asda Equal Pay claims reach next stage
#Employment

More than 7,000 Asda employees have brought equal pay claims in the Employment Tribunal, alleging that in-store work such as shelf-stacking and checkout roles (predominantly carried out by female employees) is of equal value to warehouse work (predominantly carried out by men)...

Oct
14
2016

Employer’s decision must be objectively justified not underlying policy
#Employment

In the case of Buchanan v The Commissioner of Police of the Metropolis, the EAT gave useful guidance on the objective justification defence available to employers in certain discrimination claims....

Oct
14
2016

Shared parental leave pay – to enhance or not to enhance?
#Employment

In the case of Snell v Network Rail, the tribunal awarded a father just over £28,000 in compensation after he was refused the same pay as his wife while on shared parental leave....

Oct
10
2016

Holiday pay: British Gas appeal to Court of Appeal fails
#Employment

Back in February we reported that the EAT had dismissed an appeal from British Gas against the finding that the Working Time Regulations can be interpreted so as to be compatible with the EU Working Time Directive, with the effect that results-based commission payments should be included in the calculation of holiday pay....

Oct
06
2016

Has the PM made trade unions redundant?
#Employment

The start point from what our new Prime Minister Theresa May has been saying is no apparent reason to expect reduced rights for workers, indeed current expectations are possibly for added worker protection....

Oct
06
2016

In Recruitment, Your Word Is Your Bond
#Employment

In McCann v Snozone Ltd, a verbal offer of employment made via a recruitment agency was sufficient to create a legally binding agreement between the individual and the employer, the subsequent withdrawal of which amounted to a breach of contract....

Oct
06
2016

Elected Union Officials were agents under the Equality Act
#Employment

The Employment Appeal Tribunal has decided that two elected workplace union officials, despite not being the union’s employees, were its agents and therefore the union could be held liable for their acts of discrimination against an employee....

Oct
06
2016

Is the ‘gig’ up for Britain’s self-employed delivery workers?
#Employment

Long gone are the days when the postman delivered every parcel. Nowadays, we don’t bat an eyelid when the person knocking at the door is a courier in an unfamiliar uniform. But while it might not make much of a difference to customers, opening up the delivery market has an impact on workers....

Sep
30
2016

Agency workers can bring whistleblowing detriment claims against end users
#Employment

In the recent case of McTigue v University Hospital Bristol NHS Foundation Trust the EAT clarified that agency workers can bring detriment claims against end users provided the end user (on its own or in conjunction with the agency) has substantially determined the terms of the worker’s engagement....

Sep
30
2016

To award costs or not to award costs?
#Employment

It used to be the case that recovering costs within the employment tribunal was an exception rather than the rule, and whilst the threshold for recovering costs still remain high, it seems that there has been somewhat of a shift....

Sep
30
2016

Attention: Changes to the National Minimum Wage
#Employment

Compliance with the National Minimum Wage is a legal obligation, make sure you are in the know and don’t fall foul of the law. ...

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