Under TUPE, individuals who are ‘employed’ by the transferor and assigned to the organised grouping of resources or employees that is subject to the relevant transfer (whose contracts would otherwise be terminated by the transfer) will transfer to the transferee. ...
The Supreme Court, in Jhuti v Royal Mail, has reversed the Court of Appeal’s decision and held that an employee was unfairly dismissed for making a protected disclosure despite the fact that the decision-maker was unaware of the disclosure. ...
Welcome to Part 3 in our series of blogs summarising each political party’s pledges on matters effecting employment. Today we are looking at the Liberal Democrat’s manifesto. Set out from page 21, The Lib Dems’ key employment pledges are:...
Welcome to Part 2 in our series of blogs summarising each political party’s pledges on matters effecting employment....
This week, the UK’s political parties are releasing their manifestos for the general election on 12 December 2019. In a series of 5 blogs we will be detailing each parties’ pledges on matters effecting employment, starting today with Labour....
In the recent case of Cadent Gas Ltd v Singh the Employment Appeal Tribunal (EAT) has upheld a tribunal decision that an employee was automatically unfairly dismissed because of his trade union activities despite the fact that the disciplinary and appeal officers were not motivated by his union activities....
This week, Royal Mail won a High Court injunction against what would have been the first national postal strike for a decade, by up to 110,000 workers and scheduled to take place over the Christmas period....
Employers should be aware that changing or removing adjustments for a disabled employee could amount to a failure to make reasonable adjustments, even if they are replaced with other adjustments....
There have been some cases in 2019 which have offered employers guidance on restrictive covenants and demonstrated how important it is for employers to review such restrictions carefully....
The Chief Executive (“CE”) of McDonalds has this week been fired following a romantic relationship with a fellow employee. Despite the fact that the fast food giant acknowledged that the relationship was consensual, the CE was dismissed as he had violated company policy by engaging in the relationship....
Employers can be held legally responsible (vicariously liable) for the discriminatory actions of their employees which have taken place in the course of employment. To avoid being held liable, an employer would have to show that it took all reasonable steps to prevent the discriminatory actions from occurring. This is exactly what Capita managed to do in a recent racial harassment case, brought against both Capita and one of Capita’s operations managers....
The Court of Appeal (“CoA”) has disagreed with an Employment Appeal Tribunal’s (“EAT”) interpretation of a leaked email. Instead the CoA held that the correspondence between a lawyer and the Respondent, referring to the possibility of dismissing the Claimant by redundancy, was covered by Legal Privilege. ...
In López Ribalda and others v Spain, the Grand Chamber of the European Court of Human Rights (ECtHR) has held that it was not a breach of Article 6 (right to a fair trial) or Article 8 (right to respect for a private life) of the European Convention on Human Rights, to covertly record employees as part of an investigation into suspected theft and for the recording to be used at trial....
In the recent case of Gray v Mulberry Company (Design) Ltd, the Court of Appeal has dismissed an employee's claim that her belief in "the statutory human or moral right to own the copyright and moral rights of her own creative works and output” was a philosophical belief under the Equality Act 2010. ...
In the case of Mackereth v The Department for Work and Pensions and another, the Claimant was a doctor who refused to use transgender individuals’ preferred pronouns and titles as he claimed it went against his Christian beliefs. ...
NDAs have long been a popular subject in the media. Seeking to clarify its position on their use in employment matters, the Equality and Human Rights Commission has issued new guidance. ...
The Supreme Court has ruled on the Gilham v Ministry of Justice case and held that while judges could not be classed as workers, it would be a violation of their human rights to exclude them from whistleblowing protections. ...
Clarkslegal is pleased to announce that Chambers and Partners has recognised the firm for the following practice areas; Construction, Employment, Litigation and Real Estate....
This week, in Base Childrenswear v Otshudi, the Court of Appeal confirmed that not being honest about the reason for dismissal can show that the employer has a discrimination case to answer. ...
In the wake of September’s Global Climate Strike, protests previously confined to the personal sphere are now spilling over onto the streets and taking place during the working day. ...