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News Category: Employment

  • 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

  • 28 January 2016

    Sickness Absence Policies: Making Reasonable Adjustments

    In Griffiths v The Secretary of State for Work and Pensions [2015] EWCA Civ 1265, the Court of Appeal has held that the threshold for sanctions under a sickness absence policy can be subject to the duty to make reasonable adjustments, but considered what adjustments would be seen as "reasonable" in the circumstances. Read more

  • 28 January 2016

    What Now For Workplace Privacy?

    Recently there has been a lot of press attention about the judgment of the European Court of Human Rights in Barbulescu v Romania. Some sensationalist commentators have been quick to decry the death of privacy for employees. Others have said that the judgment does little to change the current law. But what does this judgment actually mean? Read more

  • 29 May 2015

    Costs can be awarded even if an employee cannot afford to pay

    An employment tribunal can decide whether to make a costs order. The recent case of Chadburn v Doncaster & Bassetlaw Hospital NHS Foundation Trust makes it clear that, in making its decision, the tribunal will not only consider what the claimant can afford to pay at the time the costs award is made but may take future income into account. Read more

  • 29 May 2015

    Holiday pay: British Gas to appeal decision in Lock

    In the case of Lock v British Gas, in which an employment tribunal held that commission payments should be taken into account when calculating holiday pay, British Gas has now lodged an appeal against the decision. Read more

  • 18 May 2015

    Using confidential information in a new job

    The law provides protection for business confidential information. This protection is often strengthened through formal confidentiality provisions in contracts or specific non-disclosure agreements. However, there can often be considerable uncertainty as to whether knowledge that an employee develops is confidential information protected in law, or whether it is the employee's own knowledge that he is free to exploit elsewhere after his employment. Read more

  • 28 April 2015

    Whistleblowing: EAT says “reasonable belief in public interest” is low threshold.

    In order to be protected against detrimental treatment or dismissal by the UK whistleblowing legislation, a worker must have made a "protected disclosure". This is a disclosure which shows that one or more of six specified types of wrongdoing (such as a failure to comply with a legal obligation, a criminal offence or a miscarriage of justice) has taken place, is taking place, or is likely to take place. Read more

  • 27 November 2014

    Cases clarify standing to bring claims under Equality Act 2010

    Recently decided cases offer useful guidance on who has standing to bring a claim before an employment tribunal under the Equality Act 2010. Read more

  • 27 November 2014

    The importance of employee liability information during TUPE transfer

    A recent case shows the importance of ensuring that businesses receiving employees after a TUPE transfer are informed of any potential claims. Read more

  • 15 October 2014

    Taking emergency time off for dependants

    In a recent decision the Employment Appeal Tribunal (EAT) adopted a restrictive interpretation of an employee's duty to inform his employer "as soon as reasonably practicable" when taking time off work to deal with emergencies involving his dependants. Read more