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News Category: Employment

  • 12 August 2016

    Holmes v Qinetiq

    In Holmes v Qinetiq, the EAT considered the applicability of the ACAS Code of Practice ("the Code") with reference to termination of employees for ill health. It examined the meaning of "disciplinary" in some detail to ascertain whether a 25% uplift in a claim for unfair dismissal was available. Read more

  • 17 June 2016

    Pendleton v Derbyshire County Council

    In Pendleton v Derbyshire County Council, the EAT considered a tribunal's approach to the identification of a provision, criterion or practice, group disadvantage and justification in a claim for indirect discrimination on the grounds of religion or belief. In particular, what level of repetition, if any, is required to establish a practice. Read more

  • 17 June 2016

    John-Charles v NHS Business Services Authority UKEAT/0105/15

    In the absence of gross misconduct, the dismissal of an employee for a first offence is likely to be unfair if they have not previously received any warnings. This is an established principle of employment law. However, as John-Charles v NHS Business Services Authority UKEAT/0105/15 demonstrates, adequately informing the employee of the reasons for the outcome can often be just as important as the outcome itself. Read more

  • 17 June 2016

    Nayak v Royal Mail Group Otd UKEAT/0011/15

    In Nayak v Royal Mail Ltd UKEATS/0011/15, the EAT upheld an employment tribunal's conclusion that an employer's genuine and reasonable belief that an employee was no longer entitled to work in the UK was sufficient to show that a subsequent dismissal was for some other substantial reason. They also held that the dismissal was both substantively and procedurally fair. Read more

  • 8 April 2016

    Lay-offs and short-time working

    In Craig v Bob Lindfield and Son Ltd, the Employment Appeal Tribunal (EAT) has held that there is no implied term that a period of lay-off will be no more than is reasonable. In this case, an employee who resigned after being laid off for four and a half weeks without pay was not found to have been constructively dismissed, as there had been a genuine downturn in work which led to the employer operating a contractual lay-off clause and the employer had a reasonable expectation that further work would become available within four weeks. Read more

  • 8 April 2016

    The effect of commission on holiday pay

    Article 7 of the Working Time Directive (WTD) gives workers the right to be paid during their annual leave. Unfortunately, it does not then specify how holiday pay should be calculated. In British Gas Trading Ltd v Lock and anor, the Employment Appeal Tribunal (EAT) has confirmed the position taken in Bear Scotland Ltd and ors v Fulton: The Working Time Regulations 1998 can be interpreted in line with the WTD, so as to include results-based commission payments when calculating holiday pay for the basic four weeks' annual leave. Read more

  • 8 April 2016

    National Living Wage: Updated guidance on calculating National Minimum Wage

    Following the introduction of the Government's National Living Wage on 1 April 2016, The Department for Business, Innovation & Skills (BIS) has issued new guidance on calculating the National Minimum Wage: Read more

  • 3 March 2016

    Early conciliation and time limits

    In Myers and Another v Nottingham City Council ET/2601136/15 and ET/2601137/15, we have an employment tribunal decision dealing with the calculation of an extension of time where ACAS early conciliation was commenced prior to dismissal. Read more

  • 3 March 2016

    Minimum wage and night shift work

    In Shannon v Rampersad & Rampersad T/A Clifton House Residential Home UKEAT/0050/15/LA, the Employment Appeal Tribunal (EAT) concluded that a night worker who lives at his place of work is only entitled to NMW for the hours during which he is awake and working. Read more

  • 3 March 2016

    Avoiding procedural pitfalls in employee dismissal

    In the absence of gross misconduct, the dismissal of an employee for a first offence is likely to be unfair if they have not previously received any warnings. This is an established principle of employment law. However, as John-Charles v NHS Business Services Authority UKEAT/0105/15 demonstrates, keeping employees in the loop can often be just as important to the outcome. Read more