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Recent Cases
No TUPE Transfer For Employee on Long Term Sick Leave
...employment tribunal ruled that as Mr Edwards did not contribute to the economic activity of the grouping, he was not assigned to that grouping and so his employment did not transfer. BT appealed, hav...
Big Brother is watching you: employees and TV appearances - as published in HR Magazine
Big Brother is watching you: employees and TV appearances - as published in HR Magazine What should employers do to prevent potentially damaging television appearances by their staff? As 'reality' TV...
Recent Cases
Failure to Pay Enhanced Pay to Man on Additional Paternity Leave Not Discrimination
...employment tribunal’s decision in this case provides some guidance. However, it is important to remember that employment tribunal decisions are not binding and so another employment tribunal could co...
Taxation of Termination Payments - Is it time to replace the £30k tax exemption, as the OTS suggests?
...employment contract. Simplicity and certainty are the advantages put forward, making it easier for employers to administer and for employees to know the value of what they are receiving. There shoul...
News
Tribunal Claims Continue to Fall as Unison Permitted to Issue Fresh Judicial Review Proceedings
Tribunal Claims Continue to Fall as Unison Permitted to Issue Fresh Judicial Review Proceedings Statistics for April to June 2014 reveal there were 70% fewer single employment tribunal claims than in ...
Recent Cases
Employer did not Breach Duty of Care by Instigating Disciplinary Proceedings
...employment elsewhere. She brought legal proceedings, arguing that in commencing disciplinary proceedings without undertaking further enquiries, the University had been in breach of contract and/or ne...
Recent Cases
Dress Requirement did not Indirectly Discrimination against Muslim Women
...Employment Appeal Tribunal upheld the employment tribunal’s decision. It also rejected Ms Begum's argument that the tribunal should have sought expert evidence on the health and safety risks. It had...
Recent Cases
Refusal to Allow Employee’s Choice of Companion Breached Implied Term of Trust and Confidence
Refusal to Allow Employee’s Choice of Companion Breached Implied Term of Trust and Confidence An employer breached the implied term of trust and confidence when it refused to allow an employee to be...
Recent Cases
Dismissal Not Unfair As Result Of Inconsistent Treatment
Dismissal Not Unfair As Result Of Inconsistent Treatment The EAT overturned an employment tribunal’s decision that an employee dismissed for gross misconduct had been unfairly dismissed because anothe...
Recent Cases
Failure to enhance pay for man seeking shared parental leave was direct sex discrimination
...employment tribunal upheld his claim. Capita had treated him less favourably than a hypothetical female colleague who took leave to care for her child. The reason for the less favourable treatment wa...
Recent Cases
Whistleblowing detriment claims: whose motive counts?
...employment tribunal ruled that the Head of Compliance’s decision to suspend Dr Malik had nothing to do with his disclosures. He appealed, arguing that the employment tribunal should have conside...
News
Government responds to consultation on non-compete clauses
...employment contracts. Although a ban would lead to greater freedom for employees to take up new employment and start businesses, better career progression, potential for higher wages and greater cla...
Changes to the Employment Status of LLP Members – Why LLPs Should be Examining Their Current Structure as a Matter of Urgency
Changes to the Employment Status of LLP Members – Why LLPs Should be Examining Their Current Structure as a Matter of Urgency When is a partner not a genuine self employed partner for tax purposes? O...
In sickness and in health? - BUSINESS MAGAZINE
In sickness and in health? - BUSINESS MAGAZINE Workplace absence remains a difficult and costly issue for employers. As part of the Government’s initiative to address this, it has devised the “Statem...
Recent Cases
Redundancy: Maternity Leave and Suitable Alternative Roles
Redundancy: Maternity Leave and Suitable Alternative Roles In Simpson v Endsleigh Insurance Services Ltd, Ms Simpson was employed as an insurance consultant in London for Endsleigh. Whilst on matern...
Recent Cases
Inaccurate Emails – Employer Beware
...employment six years prior. Further it was foreseeable that Mr McKie would be dismissed as a result of the email. As a result Mr McKie was able to recover his losses which arose as a result of the ...
Recent Cases
12 Month Non-Solicitation Covenant Upheld
...employment. The covenant was limited to those customers with whom T had dealings and only applied to soliciting customers for the purposes of a competing business. When T’s employment terminated, he ...
News
National Minimum Wage Penalties Increase From Today
...Employment Act 2015 and applies to pay reference periods starting on or after 26 May 2015.
Podcast No. 4 - Post Termination Restrictions
Podcast No. 4 - Post Termination Restrictions Peter Doyle and Dan Begbie-Clench of Workplace law specialists Doyle Clayton take a look at three cases involving post-termination restrictions which the ...
Is the regulatory references regime ripe for deceit and negligent misstatement claims? - as Published in ELA Briefing
Is the regulatory references regime ripe for deceit and negligent misstatement claims? - as Published in ELA Briefing The regulatory references regime has wide-reaching implications for employers. The...