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Apr
05
2019

Recommendation in employer’s policy likely to be a reasonable adjustment
#Employment

In Linsley v Commissioners for Her Majesty's Revenue and Custom, the Employment Appeal Tribunal (EAT) has given guidance on how a Tribunal should approach the issue of reasonableness in cases relating to reasonable adjustments for disabled employees. ...

Mar
29
2019

Bias, without a non-discriminatory reason, amounted to discrimination
#Employment

Tywyn Primary School v Aplin concerned a gay primary school Head Teacher who had sexual relations with two 17-year-old males he had met on Grindr....

Mar
29
2019

Like for like comparison required when relying on a hypothetical comparator
#Employment

In Sutton Oak Church of England School v Whitaker, the employee was a gay male teacher. He was found in a classroom alone with, and offering sweets to, a male year 5 pupil during a lunchtime break, in breach of guidelines issued to him 13 years prior as part of an earlier disciplinary outcome. He was dismissed....

Mar
28
2019

Can disciplinary proceedings continue alongside a police investigation?
#Employment

In North West Anglia NHS Foundation Trust v Gregg, the Court of Appeal overturned an injunction that had prevented an employer from continuing with disciplinary proceedings pending the outcome of police enquiries....

Mar
22
2019

Suspension will not breach trust and confidence if there is a reasonable and proper cause
#Employment

We previously blogged on the High Court case of Agoreyo v London Borough of Lambeth, in which the High Court held that the suspension of a teacher was a “knee jerk reaction” which breached the implied term of trust and confidence (enabling Ms Agoreyo to resign and claim constructive dismissal)...

Mar
22
2019

Changes to Statutory Payments and Tribunal Awards from April 2019
#Employment

The government has confirmed increases to statutory payments and tribunal awards, which will take effect on 6th April 2019....

Mar
15
2019

Spring Statement 2019: Employment News
#Employment

The Chancellor presented his Spring Statement to Parliament this week. The Government suggest that there are over 3.5 million more people in work than there were in 2010 and a million fewer workless households, unemployment rates continue to decline being at 4%; their lowest in more than 4 decades...

Mar
14
2019

Worker status in the public sector…the plot thickens
#Employment

In the case of Braine and others v The National Gallery an Employment Tribunal (ET) has held that art experts who worked as Educators for the National Gallery were workers and not independent contractors as argued by the Gallery. The ET held that the Educators only had the status of worker when undertaking an actual assignment and when they were in between assignments they were neither employees nor workers....

Mar
07
2019

‘Why question the power of women to lead?’ – Monica Atwal writes for We Are The City
#Press #Employment

Women taking leadership roles is often portrayed these days as a ground-breaking development, something achieved through relatively recent laws and strong social pressure about equality of opportunity....

Mar
07
2019

Consultation on Confidentiality Clauses Launches
#Employment

The Government has started a consultation on increased regulation of confidentiality clauses in a bid to tackle cases of unethical misuse. ...

Mar
07
2019

Email to inaccessible work address during maternity leave was unfavourable treatment
#Employment

In SW Yorkshire Partnership NHS Foundation Trust v Jackson, the Claimant was involved in a redundancy exercise whilst on maternity leave. ...

Feb
28
2019

Dismissal for ‘purely personal reasons’ was still automatically unfair under TUPE
#Employment

In Hare Wines v Kaur, the Claimant had a strained working relationship with a colleague who, as it happened, was going to be a director in the transferee’s business. The Claimant was dismissed on the transfer date and alleged that this was because of the transfer (and, thus, automatically unfair). The Tribunal agreed and, in doing so, recognised that the ongoing difficulties in the working relationship played a part in the dismissal....

Feb
14
2019

88-year-old wins age discrimination claim
#Employment

An 88-year-old woman has succeeded in her age discrimination claim, making her the oldest person to win such a case. ...

Feb
08
2019

CJEU Suggests Keeping Records of Time Worked
#Employment

In an official Opinion on 31st January 2019, the Advocate General has proposed that in order to truly comply with the Working Time Directive EU members must, through national law, require employers to keep actual records of any time worked by their employees. ...

Feb
08
2019

A good gig
#Employment

As we blogged at the time, an employment tribunal decided last year that a group of Hermes couriers, whose written contracts described them as self-employed business people drivers, in fact had the statutory rights of “worker”. This includes the right to be paid at least the national minimum/living wage, to receive holiday pay and to seek union recognition....

Feb
07
2019

Michael Sippitt Awarded Leading Human Resources Individual Outside of London at Legal 500 UK Awards 2019
#Employment #Press #Clarkslegal

Michael Sippitt, Chairman of Clarkslegal LLP and Director of Forbury People, Clarkslegal’s subsidiary HR consultancy, was delighted to accept his award as the leading ‘Human Resources Individual Lawyer outside of London’, at last night’s Legal 500 UK Awards 2019 in London....

Feb
01
2019

Asda Case Update: Shop floor workers can compare themselves to distribution staff
#Employment

Yesterday, the Court of Appeal in Asda Stores v Brierley ruled that female shop workers could compare themselves to male colleagues working in distribution centres. ...

Jan
31
2019

Employment law developments to prepare for in 2019
#Employment

Back in August 2018, the government published its report on “Workplace Rights If There's No Brexit Deal”, which is looking ever more likely, the closer we get to 29 March. ...

Jan
31
2019

Google hit with record fine under GDPR
#Data Protection #Employment

Google LLC has been fined 50 million euros by CNIL (the French data protection regulator and ‘lead authority’ in this matter) for breaches of GDPR. ...

Jan
29
2019

Pregnancy and Maternity Discrimination: Consultation to increase protection for new parents
#Employment

The government announced its plans on Friday to provide greater protection for parents returning to work and pregnant women from redundancy in new legislation....

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