Valuable advice for employers on Biometric Residence Rermits and why you and HR must be familiar with these documents....
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. ...
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....
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....
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?...
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....
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, ...
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....
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....
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)....
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)....
Protected conversations were introduced to allow employers to have an “off the record” discussion with an employee concerning their exit. Evidence of pre-termination negotiations is inadmissible in ordinary unfair dismissal claims unless there is improper behaviour. Unfortunately for the employer in Lenlyn UK Ltd v Kular, they discovered this exception the hard way....
As reported back in May, the Trade Union Act 2016 introduces new requirements relating to balloting for industrial action. In particular, such ballots will require a 50% turnout and, for important public services, a 40% supporting vote before industrial action can be taken....
In the recent case of Gorka Salaberria Sorondo v Academia Vasca de Policia y Emergencias the European Court of Justice determined that the imposition of an upper age limit of 35 years for new recruits to Basque Police Force was not in contravention to EU law....
The news is awash with stories of how companies treat their staff, whether it’s delivery drivers working as self-employed contractors, university lecturers ...
This week the Government has laid its revised Gender Pay Gap Regulations before Parliament for approval (the “Regulations”). It is expected that the Regulations will be passed by the end of January and come into force in April 2017....
In the recent case of Bellman v Northampton Recruitment Ltd, the High Court held that a company was not vicariously liable for an assault by its director on an employee which took place after the employer’s Christmas party had ended when the two individuals, along with other employees, went back to a hotel to continue drinking....
Whilst the rate of employment for the non-disabled population is currently 80%, only 48% of disabled people are in employment. ...
On 25 November 2016, two new sanctions came into force which can be used by HMRC where it finds a failure to pay the applicable rate of National Minimum Wage/National Living Wage....
You may have seen in the news the case of Mrs Wood, a senior nurse, who recorded her colleague’s temperature on a screening form at Heathrow Airport as 37.2C despite knowing it to be at least one degree higher. ...