Clarkslegal LLP - Solicitors in Reading and London

Employment - Legal Updates

Search Legal Updates

Dec
13
2019

Employment Status: Courier’s ability to ‘release’ job was not an automatic right to substitute
#Employment

In Stuart Delivery Ltd v Augustine 2019, the EAT upheld the employment tribunal’s findings that a delivery courier was a ‘worker’ under S.230(3)(b) of the Employment Rights Act 1996....

Dec
05
2019

Political beliefs in the workplace and what employment law has to say about it…
#Employment

We are fast approaching one of the most extraordinary and unprecedented general elections in the history of the UK. Extraordinary in the sense that a December election has not been held since 1923 and unprecedented in the sense that the election is overtly linked to an intricate experience which the UK has never encountered before: leaving the EU. ...

Dec
04
2019

General Election 2019 – Party Manifestos on Employment Law and Industrial Relations – Part 5
#Employment

Welcome to our fifth and final blog in our series summarising each political party’s pledges on matters effecting employment. ...

Dec
04
2019

General Election 2019 – Party Manifestos on Employment Law and Industrial Relations – Part 4
#Employment

Welcome to Part 4 in our series of blogs summarising each political party’s pledges on matters effecting employment. Today we are looking at the Green Party’s manifesto....

Nov
29
2019

IR35 changes: HMRC ups its game
#Employment

As businesses continue to prepare for the impact of the April 2020 changes to IR35 and the private sector, it is important to be aware that this week the government has launched an update to its online check employment status for tax (CEST) tool....

Nov
28
2019

Employment Tribunal decides that TUPE applies to ‘workers’ not just employees
#Employment

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. ...

Nov
28
2019

Landmark Supreme Court judgment extending whistleblowing protection
#Employment

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. ...

Nov
27
2019

General Election 2019 – Party Manifestos on Employment Law and Industrial Relations – Part 3
#Employment

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:...

Nov
25
2019

General Election 2019 – Party Manifestos on Employment Law and Industrial Relations – Part 2
#Employment

Welcome to Part 2 in our series of blogs summarising each political party’s pledges on matters effecting employment....

Nov
22
2019

General Election 2019 – Party Manifestos on Employment Law and Industrial Relations
#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....

Nov
22
2019

Automatic unfair dismissal due to trade union activities, despite no anti-union prejudice by employer: a warning for employers
#Employment #Employee Relations

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....

Nov
15
2019

Royal Mail Christmas strike prevented
#Employment

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....

Nov
15
2019

Changing reasonable adjustments could be discriminatory
#Employment

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....

Nov
08
2019

Restrictive Covenants – What’s happened in 2019
#Employment

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....

Nov
08
2019

How should employers manage workplace romances?
#Employment

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....

Nov
08
2019

Capita not liable to compensate for employee’s racist comments
#Employment

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....

Nov
01
2019

Leaked email from lawyers was legally privileged
#Employment

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. ...

Oct
30
2019

Covert recording of employees: No breach of human rights
#Employment

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....

Oct
25
2019

Belief in sanctity of copyright not a philosophical belief
#Employment

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. ...

Oct
24
2019

Christian doctor dismissed for refusal to use preferred pronouns for transgender individuals loses in the Employment Tribunal
#Employment #Discrimination

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. ...

Page 9 of 97