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Jul
20
2018

Philosophical belief: one in the bag for Mulberry
#Employment

The Employment Appeal Tribunal has recently found that a belief held by only one person, cannot give rise to an indirect discrimination claim on the ground of philosophical belief. The claimant worked for Mulberry as a Market Support Assistant: a role which gave her access to some of Mulberry’s designs ahead of their launch to market. ...

Jul
18
2018

Successful appeal erases dismissal
#Employment

In the recent case of Patel v Folkstone Nursing Home Ltd, the Court of Appeal held that an employee had not been dismissed by his employer as his internal appeal against dismissal had been successful; thereby effectively erasing the earlier dismissal. The claimant had been dismissed for gross misconduct for falsifying records and sleeping whilst on duty. ...

Jul
16
2018

Michael Hibberd comments for Elite Businesses on Uber – ‘Above the Law?’
#Employment #Information Technology #Press

Uber had its brakes slammed on last September after Transport for London (TFL) revoked its five-year licence for failure to report crime and to properly background check its drivers....

Jul
13
2018

Recurring holiday dreams?
#Employment

In Flowers v East of England Ambulance Trust, The Employment Appeal Tribunal has confirmed that voluntary overtime should be included when calculating holiday pay, if it is paid over a sufficient period of time. The ambulance crew members in this case did both mandatory but non-guaranteed overtime (shift over-run) and voluntary overtime, both of which were irregular. However, the voluntary overtime was not included in their holiday pay calculations. ...

Jul
13
2018

Discrimination arising from disability: Any treatment must be proportionate
#Employment

In Ali v Torrosian and others (t/a Bedford Hill Family Practice) the EAT confirmed that when determining a claim for unfavourable treatment arising in consequence of a disability, Tribunals must consider whether the employer’s pursued legitimate aim could be achieved by less discriminatory means. Discrimination arising from disability (“unfavourable treatment”) was a new ground of claim created under the Equality Act 2010. ...

Jul
06
2018

Right to work check: Failure to give right of appeal following dismissal, found to be unfair
#Employment #UK Immigration

As we have previously blogged, if an employee fails to produce evidence of his right to work in the UK, it will not necessarily be fair for an employer to dismiss on the basis that it would be illegal to continue to employ the employee. However, dismissal in these circumstances can still be fair if the employer has a reasonable and genuinely held belief that it would be illegal to continue to employ them and has followed a fair process....

Jul
06
2018

Qualifying period for Unfair Dismissal Claims
#Employment

If an employee is dismissed for gross misconduct just short of 2 years service, s/he cannot add on statutory minimum notice so as to qualify to bring an unfair dismissal claim, found the Employment Appeal Tribunal (EAT) in Lancaster & Duke Limited v Wileman....

Jun
29
2018

Tribunal delivers further win for gig economy workers
#Employment

In a recent ruling by the Employment Tribunal, Hermes couriers have been deemed to be workers. This is the latest in a long line of decisions about the gig economy, including Pimlico Plumbers, Uber, Citysprint and Deliveroo, in which the general trend has been that those working in the gig economy have been found to have greater rights than the company may have envisaged....

Jun
29
2018

Whistleblowing: When is a Disclosure Protected?
#Employment

In Kilraine v London Borough of Wandsworth the Court of Appeal has confirmed that to be protected under whistleblower legislation, disclosures need to be more than mere allegations and have sufficient factual content and specificity of a relevant failure set out in the Employment Rights Act 1996. ...

Jun
22
2018

Automatic unfair dismissal despite employee’s knowing use of illicitly gained personal information
#Employment

It is automatically unfair to dismiss an employee for taking part in trade union activities at an appropriate time. It is also unlawful to subject an employee to a detriment on this basis. For a union official, union activities include seeking to present a case on behalf of his/her members....

Jun
22
2018

List of issues should be complete
#Employment

It is common for parties to a tribunal claim to agree, at an early stage, the list of the issues that they want a tribunal to determine. In the recent case of Scicluna v Zippy Stitch the Court of Appeal has suggested that tribunals will usually be confined to these issues. ...

Jun
19
2018

Will HR be Human or Hybrid?
#Press #Employment #Information Technology

As huge numbers of employees face displacement by technology over the coming decade, nearly half all jobs in manufacturing according to some, what is the HR agenda to mitigate the human cost of this technological revolution?...

Jun
18
2018

How might AI and Blockchain impact on HR?
#Employment #Information Technology

Artificial Intelligence (“AI”) and Blockchain are becoming more prominent, with ever-increasing uses. But how could such developments impact HR?...

Jun
15
2018

‘Serious misconduct’ dismissals- Must there be prior warnings?
#Employment

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....

Jun
15
2018

Avoiding a Red Card: Acas publish employer guidance for the FIFA World Cup
#Employment

With kick off for the FIFA World Cup on Thursday 14 June, Acas have released guidance for employers on managing workplaces during this time. ...

Jun
15
2018

Pimlico Plumbers – Appeal dismissed
#Employment

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....

Jun
14
2018

Dixons Carphone admits major data breach
#Employment

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....

Jun
08
2018

Time off for Public Duties extended
#Employment

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....

Jun
05
2018

The technology of talent management
#Information Technology #Employment

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....

Jun
01
2018

Zero-hour employee entitled to compare himself to full-time employee
#Employment

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. ...

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