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Sep
14
2018

When is notice not notice…
#Employment

In a recent EAT case, the claimant had decided to move from one department to another, both within the employer’s business. She had received a conditional job offer from the new department and wrote to her employer stating ‘please accept one month’s notice from the above date’. Her conditional offer was later withdrawn and she asked to retract, what she called, her notice of resignation. The employer refused stating that she had resigned....

Sep
14
2018

Updates to the ACAS guidance for job references
#Employment

Almost every job application in the modern world will ask for a reference to accompany an application. It is an important tool to establish whether a candidate is suitable for the role they are applying for. ...

Sep
07
2018

Filing an incomplete claim form not necessarily unreasonable
#Employment

In North East London NHS Foundation Trust v Zhou, the EAT has decided that it may not necessarily be unreasonable conduct for solicitors to have filed an incomplete claim form....

Sep
07
2018

Constructive Dismissal: Employees working a lengthy notice period might “accept” an employer’s breach of contract
#Employment

In a recent High Court decision, the Court reaffirmed some important considerations when dealing with alleged breaches of contract by an employer. ...

Sep
04
2018

Augmented Reality and Virtual Reality- the way forward for recruitment?
#Information Technology #Employment

Augmented reality (“AR”) is becoming more and more prominent. Put simply, AR is technology that superimposes a computer-generated image onto a user’s view of the real world....

Aug
31
2018

Working 9 to 5…or are we?
#Employment

A new YouGov survey of over 1800 people in the UK has found that only 6% are working the traditional working hours of 9am-5pm. 58% of those surveyed said they would like to start work earlier than 9am if it meant they could go home earlier....

Aug
29
2018

Victimisation: Dishonesty essential for ‘bad faith’ argument
#Employment

Victimisation occurs when someone is subjected to a detriment because they have done (or it is believed they have or may do) a protected act. However, if the individual gives false information or makes a false allegation, their actions cannot amount to a protected act if these were also done in bad faith. If the information or allegation turns out to be false but was made in good faith it will still be protected. ...

Aug
24
2018

Zero hours, zero protection, zero remedy?
#Employment

As we blogged in June, individuals on zero hours contracts can bring claims for less favourable treatment of part-time workers by comparing to compare themselves to full-time workers even though they have different kinds of contracts. More recently, the Employment Appeal Tribunal (“EAT”) Judgment in Rice Shack Ltd v Obi was published....

Aug
23
2018

Refusal to postpone disciplinary hearing when companion not available was unfair
#Employment

In Talon Engineering Ltd v Smith, the Employment Appeal Tribunal (the ‘EAT’) held that an employer’s refusal to postpone a disciplinary hearing for two weeks to enable the Claimant’s union official to accompany her rendered the subsequent dismissal unfair. In this case, the Claimant faced disciplinary action for sending unprofessional emails....

Aug
16
2018

Five month break in activities did not prevent a TUPE transfer
#Employment

In this recent case, the management of a school in Spain was sub-contracted out by the local authority. In the midst of a dispute the contractor dismissed all of the school’s staff on 27 March 2013. ...

Aug
16
2018

Legal Privilege may not apply to advice to “Cloak Discrimination”
#Employment

As a general rule, a lawyer’s advice to their client is legally privileged. However, there is an exception to this, known as the iniquity exception, which applies when advice is given for the purpose of furthering a criminal or fraudulent design. ...

Aug
10
2018

An employment tribunal was wrong to limit a claim to ‘the top 10’ allegations
#Employment

Many employers will be familiar with the difficulties which arise when an employee alleges numerous legal breaches, citing large numbers of incidents.In the case of Tarn v Hughes & Ors, a GP claimed pregnancy and maternity discrimination, alleging 46 legal breaches of three different kinds. The tribunal was asked to decide 180 issues....

Aug
10
2018

Respondent barred from liability hearing may still participate in remedy hearing
#Employment

The Court of Appeal held in Office Equipment Systems v Hughes that even where a party is debarred from contesting liability at a hearing, they should normally be permitted to contest remedy....

Aug
03
2018

Employers’ duty of care to employees does not extend to the conduct of litigation
#Employment

The Supreme Court recently held that employers sued on the basis of vicarious liability for acts of their employees do not owe those employees a duty to defend the proceedings in a manner that protects the employees’ own economic or reputational interests. In James-Bowen & Ors v Commissioner of Police of the Metropolis, a terrorist suspect alleged that he had been seriously assaulted in the course of his arrest and brought a personal injury claim against the Police Commissioner for vicariously liability for the police officers’ actions....

Aug
03
2018

No extra time where notice of appeal lost in the post
#Employment

In Haydar v Pennine Acute NHS Trust, the Claimant had brought claims against his employer which included unfair dismissal and discrimination. His claim for discrimination was dismissed and, although, the unfair dismissal claim was upheld a finding of contributory fault was made. The claimant alleged that he sent an appeal against this judgment to the Employment Appeal Tribunal (EAT) prior to the relevant deadline, however, there was no record of this being received by the EAT. ...

Jul
27
2018

Strike action could not go ahead despite a majority of votes in favour
#Employment

Before a strike can be lawful, unions have to hold a secret postal ballot of the union members who could take part. Earlier this year, the government offered civil servants a pay increase of 1%....

Jul
27
2018

Caste is not going to become a protected characteristic
#Employment

Following a consultation progress, the government has decided that specific legal protection against caste-based discrimination is not required. It says that it has not been able to identify a legally workable definition of caste and that it would be difficult to differentiate between caste and social class....

Jul
27
2018

Court of Appeal confirms employer vicariously liable for acts of its contractor
#Employment

In Barclays Bank v Various Claimants, the Court of Appeal has upheld a High Court’s decision that the bank was vicariously liable for the deliberate criminal assaults of a contractor on its employees. The case concerned historical sexual assaults of a doctor (who was an independent contractor of the bank) on female bank employees when conducting medical examinations on behalf of the bank. ...

Jul
25
2018

Could technology be the answer to boost employee wellbeing?
#Information Technology #Employment

Technology’s impact in the workplace is unquestionable- the increased use of remote working, mobile devices and new technologies in the workplace all designed to improve employee and company performance is clear for all to see. However, the debate continues on whether this impact is positive or negative on employees’ wellbeing. ...

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. ...

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