The recent EAT decision of Quintiles Commercial v Barongo held that even in the absence of any prior warnings, a dismissal for misconduct is not necessarily unfair where the conduct is labelled ‘serious misconduct’ rather than ‘gross misconduct’. The Tribunals need to consider the circumstances as a whole when assessing the decision to dismiss....
With kick off for the FIFA World Cup on Thursday 14 June, Acas have released guidance for employers on managing workplaces during this time. ...
As we blogged, back in August, Pimlico Plumbers (“Pimlico”) were granted the right to appeal to the Supreme Court against a finding that one of its plumbers was a worker and not self-employed. Now, the Supreme Court has spoken and, as expected, it has dismissed Pimlico’s appeal....
Dixons Carphone’s review of data and its systems disclosed massive unauthorised access to 5.9 million customer cards and 1.2 million personal records. The incident gathers attention after both GDPR and Data Protection Act 2018 (‘DPA 2018’) came into force on 25 May 2018....
Under the Employment Rights Act 1996, an employer must allow employees time off for public duties. The Time off for Public Duties Order 2018 comes into force on 1st October 2018 and extends these rights. The right will now also be available to individuals who monitor conditions in places such as court custody, Scottish prisons, immigration removal centres and immigration facilities at ports and airports....
Technology is rapidly changing the way businesses manage talent. Businesses, new and established, are launching solutions based on everything from artificial intelligence (AI) to blockchain to big data and augmented and virtual reality....
The EAT has held, in Roddis v Sheffield Hallam University, that an employee on a zero hour contract can compare himself to a full-time employee for the purposes of pursuing a claim under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (the Regulations). The Regulations provide protection for part-time workers against less favourable treatment on the ground of their part-time status. ...
In the case of City of York Council v Grosset, the Court of Appeal (COA) upheld a decision that an employer was liable for discrimination arising from a disability when it dismissed an employee due to misconduct, even though the employer was not aware that the employee’s conduct was due to his disability. The claimant was Head of English at a school and suffered with cystic fibrosis....
The technology sector has come under the spotlight for its lack of diversity after a series of high-profile cases of sexual harassment in Silicon Valley companies, including Uber. A series of scandals in the US about predictive policing and facial recognition software that cannot recognise black people have also raised concerns about ethnic discriminations....
In Bakkali v GMB (South) Ltd, the Employment Appeal Tribunal decided that asking a Moroccan Muslim bus driver whether he "still supported Islamic State" was neither direct discrimination nor harassment related to race or religion....
The government have published figures for the 2017-2018 tax year which show that the number of workers who have received back pay due to underpayments of the minimum wage has more than doubled since the previous year. ...
Next week is Mental Health Awareness week (14 – 20 May 2018) so what better time to reflect on the last 12 months which have seen much positive activity in the field of supporting mental health in the workplace. October 2017 saw two comprehensive publications issued: the ACAS guidance “Promoting positive mental health in the workplace” and the Stevenson / Farmer review of mental health and employers, “Thriving at work”. ...
It is not protests in the streets and the overturning of our Government by violence we fear, at least not yet anyway. However, there is a quiet and transformational revolution going on that will deeply affect just about everyone over time....
An employee can be unfairly dismissed if they resign as a result of an employer’s repudiatory breach, known as ‘constructive dismissal’. ...
According to a letter from the Lord Chancellor to the Justice Committee last month, a large number of eligible people have failed to apply for a refund of tribunal fees paid. The Ministry of Justice is sending letters to those affected to try to raise awareness in this regard. ...
The employees in Abrahall v Nottingham City Council received incremental annual pay rises until March 2011, when the council imposed a two-year pay freeze. The council said that the only alternative was additional redundancies. ...
The Supreme Court has recently confirmed in Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood that in the absence of any express provision in an employment contract, written notice of termination from an employer does not take effect until the employee has read it, or had a reasonable opportunity of doing so....
The view that full-time employment is in retreat and will be subsumed by the gig economy is not borne out by the facts, Matthew Taylor argued at a recent conference. Cath Everett listened in and gauged reactions to his ideas....
In the recent case of Luton Borough Council v Haque (“Haque”) the EAT has clarified that the two sub-sections for extending limitation periods through Acas early conciliation apply sequentially, and not as alternatives....
The EAT have held that an employer’s failure to pay enhanced shared parental leave (SPL) to a male employee when it did pay enhanced maternity leave to female employees was not direct sex discrimination (our blog on the Tribunal’s earlier decision can be found here). ...