| 1 | Collective agreements: pay rates The Court of Appeal has held that a trade union would not have agreed to a provision in a collective agreement that provided an employer with an unfettered right to choose between two possible rates of pay. | Articles | 30-May-2013 |
| 2 | Collective consultation: redundancies The Employment Appeal Tribunal has held that the word “proposing” in respect of dismissals under the Trade Union and Labour Relations (Consultation) Act 1992 must be given its natural meaning and that members of a pre-existing consultative body were not appropriate representatives for the purposes of collective redundancy consultation. | Articles | 30-May-2013 |
| 3 | Disability discrimination: employer's knowledge The Employment Appeal Tribunal has upheld the strike out of a direct disability discrimination claim where there was no evidence to indicate that the employer had any knowledge, or could be imputed with knowledge, of an individual’s disability. | Articles | 30-May-2013 |
| 4 | Discrimination: burden of proof The European Court of Justice has held that an individual with a close connection to an organisation may be capable of making comments that amount to a prima facie case of discrimination. | Articles | 30-May-2013 |
| 5 | Post-employment victimisation The Employment Appeal Tribunal has held that the Equality Act 2010 protects individuals against post-employment victimisation. | Articles | 30-May-2013 |
| 6 | TUPE: affected employees The Employment Appeal Tribunal has held that an employer did not breach its obligations under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) when it failed to inform and consult employees who worked in the part of its undertaking that did not transfer. | Articles | 30-May-2013 |
| 7 | Genesis Healthcare Corp. v. Symczyk: Expert Q&A An expert Q&A with Douglas Darch of Backer & McKenzie LLP on the implications for employers of the US Supreme Court's decision in Genesis Healthcare Corp. v. Symczyk, holding that an FLSA collective action was properly dismissed after the sole plaintiff's individual claims were rendered moot by the defense's offer of judgment under Federal Rule of Civil Procedure (FRCP) 68. | Articles | 07-May-2013 |
| 8 | Disability discrimination: obesity The Employment Appeal Tribunal has held that an obese claimant, who suffered from a number of physical and mental conditions, was disabled under the Disability Discrimination Act 1995. | Articles | 01-May-2013 |
| 9 | Dismissal: Acas Code The Employment Appeal Tribunal has held that an employee’s dismissal was fair even though the employer’s dismissal procedure did not fully comply with the Acas Code of Practice on Disciplinary and Grievance Procedures. | Articles | 01-May-2013 |
| 10 | Redundancy: competency tests The Employment Appeal Tribunal has held that an employer acted unreasonably when it used a series of competency tests, which it normally used in its recruitment process, to select staff for redundancy. | Articles | 01-May-2013 |
| 11 | TUPE: ETO reasons The Employment Appeal Tribunal has held that an administrator’s dismissal of employees before the sale of a football club had not been for an economic, technical or organisational reason entailing changes in the workforce and had been automatically unfair. | Articles | 01-May-2013 |
| 12 | Unfair dismissal: SOSR The Employment Appeal Tribunal has held that an employer who dismissed a senior employee following a dispute over a profit share and failure to agree terms of employment could not rely on some other substantial reason to justify the dismissal. | Articles | 01-May-2013 |
| 13 | Expert Q&A on Social Media and Employment Litigation ... An expert Q&A with Timothy P. Harkness and Dana L. Post of Freshfields Bruckhaus Deringer US LLP on the ethical considerations involved in using social media to communicate with or gather information about a plaintiff employee, former employee or applicant in employment litigation. | Articles | 23-Apr-2013 |
| 14 | Disability discrimination: reasonable adjustments The Employment Appeal Tribunal has held that despite an occupational health recommendation for a phased return to work, it was not a reasonable adjustment to exempt an employee, whose long history of intermittent absences had been followed by a long-term absence, from compliance with the employer’s short-term absence policy. | Articles | 27-Mar-2013 |
| 15 | Live final warnings: good faith The Court of Appeal has held that a tribunal did not err when it found that, despite an employer’s failure to consider evidence that might have shown that the employee had not committed the misconduct alleged, a final written warning had been issued in good faith. | Articles | 27-Mar-2013 |
| 16 | Determining who has UK employment rights: silence isn't ... With the growth of truly international businesses and increasing employee mobility, the question of the territorial scope of UK statutory employment rights is of ever greater importance. Unfortunately, there is no clear legislative definition and it is therefore left to the tribunals to determine who can claim. | Articles | 27-Feb-2013 |
| 17 | Disclosure of convictions and cautions The Court of Appeal has held that the blanket disclosure of convictions and cautions may unjustifiably interfere with an individual’s right to respect for private life under Article 8 of the European Convention on Human Rights. | Articles | 27-Feb-2013 |
| 18 | Discrimination: apportioning liability The Court of Appeal has held that, where a discrimination claimant suffers indivisible damage at the hands of more than one respondent, the respondents will be jointly and severally liable for any compensation awarded. | Articles | 27-Feb-2013 |
| 19 | European Convention: religious beliefs The European Court of Human Rights has held that the UK failed to protect an employee’s right to manifest her religious belief under Article 9 of the European Convention on Human Rights. | Articles | 27-Feb-2013 |
| 20 | Tribunals: postponements The Court of Appeal has held that a tribunal was entitled to refuse an ill claimant’s application to postpone a hearing. | Articles | 27-Feb-2013 |
| 21 | Contracts: repudiation The Supreme Court has held that an employee was employed until the date on which he was deemed to have received unequivocal communication of his employer’s decision to exercise its contractual right to summarily dismiss him by making a payment in lieu of notice. | Articles | 30-Jan-2013 |
| 22 | Dismissal following comment not victimisation The Court of Appeal has held that a Muslim employee, dismissed for complaining that her employer’s business was a “little Sikh club”, was not victimised contrary to the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660). | Articles | 30-Jan-2013 |
| 23 | Equal pay: pay protection The Court of Appeal has dismissed equal pay claims brought when an employer’s pay protection policy preserved employees’ pay points after their roles were downgraded in a restructure. | Articles | 30-Jan-2013 |
| 24 | Lap dancer was not an employee The Court of Appeal has held that a lap dancer at Stringfellows was not an employee and, therefore, could not pursue an unfair dismissal claim. | Articles | 30-Jan-2013 |
| 25 | PHI benefits: dismissal The Employment Appeal Tribunal has held that, on the facts of the particular case, there was no implied term that an employee’s contract would not be terminated while he was in receipt of permanent health insurance benefits. | Articles | 30-Jan-2013 |
| 26 | Enforcing Arbitration Agreements in California and Beyond Since the US Supreme Court's 2011 decision in AT&T Mobility LLC v. Concepcion, courts have taken a variety of approaches to enforcing employment arbitration agreements. This article analyzes the state of post-Concepcion case law in California and in other parts of the country. | Articles | 01-Dec-2012 |
| 27 | Costs applications: bias The Employment Appeal Tribunal has overturned a costs award made by an employment tribunal, holding that, in light of the criticisms of the claimant in its liability judgment, the tribunal should have recused itself from hearing the costs application. | Articles | 24-Oct-2012 |
| 28 | LLP member was not a worker The Court of Appeal has held that a former equity partner of a limited liability partnership was not a worker and could not bring a whistleblowing claim against the LLP. | Articles | 24-Oct-2012 |
| 29 | Carrying over holiday entitlement The Court of Appeal has held that a worker, who had been on sick leave for an entire leave year and had not taken any holiday during that period, was entitled to payment in respect of that year’s unused statutory holiday entitlement on the termination of her employment. | Articles | 30-Aug-2012 |
| 30 | Death-in-service benefits The Employment Appeal Tribunal has held that the personal representative of a deceased employee could claim for the loss of the death-in-service benefit which would have been due to the employee’s estate had he not been unfairly dismissed days before his death. | Articles | 30-Aug-2012 |
| 31 | Dismissal: unproven allegations and reputational risk The Court of Appeal has held that a public regulatory authority fairly dismissed an employee for some other substantial reason following an official police disclosure alleging that he had sexually abused children. | Articles | 30-Aug-2012 |
| 32 | Employment status: mutuality of obligation The Employment Appeal Tribunal has held that, where a casual worker undertook a succession of individual assignments on an ad hoc basis, there was sufficient mutuality of obligation to establish an employment relationship. | Articles | 30-Aug-2012 |
| 33 | Mutual trust and confidence The Employment Appeal Tribunal has held that there was no breach of trust and confidence when, following spurious allegations by a manager which had been likely to damage trust and confidence, an employee was vindicated by his employer. | Articles | 30-Aug-2012 |
| 34 | Age discrimination: service-related grading The European Court of Justice has held that a provision in a collective agreement, which graded cabin crew members by reference to length of service with their airline but disregarded any similar service with other group airlines, was not indirectly age discriminatory against older workers. | Articles | 26-Jul-2012 |
| 35 | Effective date of termination The Employment Appeal Tribunal has held that, in the case of summary dismissal, an appeal is capable of varying an employee’s effective date of termination. | Articles | 26-Jul-2012 |
| 36 | Redundancy: reduction in numbers The Employment Appeal Tribunal has held that there does not need to be a reduction in employee numbers to satisfy the definition of redundancy in section 139(1)(b)(i) of the Employment Rights Act 1996, which requires an employer’s need for employees to carry out work of a particular kind to have ceased or diminished. | Articles | 26-Jul-2012 |
| 37 | SOSR dismissals: trust and confidence The Employment Appeal Tribunal has held that a tribunal, which accepted that a school had some other substantial reason for a teacher’s dismissal due to loss of trust and confidence, had nevertheless been entitled to find that her dismissal was unfair. | Articles | 26-Jul-2012 |
| 38 | Sickness during annual leave The European Court of Justice has held that a worker who becomes unfit for work during a period of statutory annual leave must, under Article 7(1) of the Working Time Directive (2003/88/EC), be entitled to reschedule the period of planned leave that coincided with their period of unfitness for work. | Articles | 26-Jul-2012 |
| 39 | TUPE: service provision changes The Employment Appeal Tribunal has held that there was not a service provision change for the purposes of regulation 3(1)(b) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) on the change of a contractor where there was also a change in the client for whom the services were being carried out. | Articles | 26-Jul-2012 |
| 40 | Contractual termination payments not subject to mitigation This Law Firm Publication by Blake Cassels & Graydon LLP examines an employment case heard in the Ontario Court of Appeal on 21 June 2012 surrounding termination payments to employees. In Bowes v Goss Power Products Ltd, the Court confirmed that an employee’s success in finding other employment will not affect the rate of termination payment they receive. | Articles | 19-Jul-2012 |
| 41 | Should top-earners be able to claim damages for unfair ... This Law Firm Publication by Cliffe Dekker Hofmeyr looks at rights and compensation routes for high earning employees in South Africa in a claim of unfair dismissal. A high profile case has coincided with the release of the proposed amendments to the Labour Relations Act, which will allow the Minister of Labour to establish an earning threshold which will effectively exclude high earning employees from compensation redress. | Articles | 19-Jul-2012 |
| 42 | EEOC Guidance on Use of Criminal History in Employment ... An expert Q&A with Stephen C. Mitchell of Fisher & Phillips LLP regarding guidance from the Equal Employment Opportunity Commission (EEOC) on employers' use of criminal history information in decisions about employment. | Articles | 13-Jul-2012 |
| 43 | Ontario Court of Appeal certifies bank overtime class actions This Law Firm Publication by Bennett Jones LLP focuses on three employment class action case decisions heard in the Ontario Court of Appeal; Fresco v. Canadian Imperial Bank of Commerce, Fulawka v. Bank of Nova Scotia and McCracken v. Canadian National Railway Co. The cases surround unpaid overtime work, for which the claimants were seeking to proceed with a class action suit. Two of the cases have approval to proceed but the third has been denied, of which the claimants are likely to seek leave to appeal to the Supreme Court of Canada. The decisions fall within the remit of the Canadian Labour Code. | Articles | 13-Jul-2012 |
| 44 | Apportioning liability for discrimination compensation The Employment Appeal Tribunal has held that employment tribunals cannot apportion liability between respondents who are jointly or concurrently liable for discrimination compensation. | Articles | 28-Jun-2012 |
| 45 | Minimum wage: live-in workers and on-call duty The Employment Appeal Tribunal has held that sheltered housing wardens were not entitled to the national minimum wage for time during which they might be woken and required to respond to an alarm system in residents’ accommodation but were otherwise asleep. | Articles | 28-Jun-2012 |
| 46 | Settlement discussions: protection from tribunal disclosure The Business Secretary, Vince Cable, has announced at the second reading of the Enterprise and Regulatory Reform Bill that he proposes to introduce a new provision to assist the use of compromise agreements (soon to be called “settlement agreements”). | Articles | 28-Jun-2012 |
| 47 | Statutory holiday entitlement: payment in lieu The European Court of Justice has held that where a national law provides workers with statutory annual leave in excess of the four weeks required by the Working Time Directive (2003/88/EC), it need not entitle them to an allowance in lieu on termination of any such additional leave that they have not taken because of sickness. | Articles | 28-Jun-2012 |
| 48 | TUPE: organised grouping of employees The Employment Appeal Tribunal has held that there was not a service provision change for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) when a client took back the activities that had previously been carried out on its behalf by a contractor. | Articles | 28-Jun-2012 |
| 49 | Whistleblowing and discrimination: partner's claim The Employment Appeal Tribunal has held that an employment tribunal has jurisdiction to hear whistleblowing and sex discrimination claims brought by a former equity partner of a limited liability partnership who worked principally in Tanzania. | Articles | 26-Jun-2012 |
| 50 | No refuge from employment rights This Law Firm Publication by Cliffe Dekker Hofmeyr focuses on various employment law cases heard in the South African Labour Courts, surrounding the protection of employees as per the Labour Relations Act. The Act affords protection to vulnerable parties from their employers even when the employee is in some way acting unlawfully. The Supreme Labour Court awarded 12 months compensation to a refugee employee that had been unfairly dismissed although no employment contract existed. | Articles | 12-Jun-2012 |
| 51 | The refusal to sign a non-competition clause during ... This Law Firm Publication by Stikeman Elliott LLP provides a brief alert and commentary as to a case heard in the Court of Appeal in Canada, concerning a claim of unfair dismissal. The court held that where employees are not asked to sign a non-competition clause at the beginning of their employment, employers can not dismiss them for refusing to sign such a clause later on in the course of their employment. | Articles | 11-Jun-2012 |
| 52 | EEOC Systemic Investigations and Litigation: Expert Q&A An expert Q&A with Donald Livingston of Akin Gump Strauss Hauer & Feld LLP on Equal Employment Opportunity Commission (EEOC) systemic discrimination investigations and litigation. | Articles | 01-Jun-2012 |
| 53 | Access to recruitment information The European Court of Justice has held that EU discrimination law does not entitle an unsuccessful job applicant who meets the criteria for an advertised job to have access to information about the recruitment process. | Articles | 31-May-2012 |
| 54 | Meal and Rest Break Litigation in California: Expert Q&A An expert Q&A with Richard J. Simmons of Sheppard Mullin Richter & Hampton LLP regarding the impact of the California Supreme Court's decision in Brinker Restaurant Corp. v. Superior Court on meal periods, rest breaks, off-the-clock work and class action litigation. | Articles | 31-May-2012 |
| 55 | Working time regulations: refusal to comply The Employment Appeal Tribunal has held that the dismissals of two night-support employees for being asleep on duty were not automatically unfair because there had been no valid refusal to comply communicated to the employer. | Articles | 31-May-2012 |
| 56 | Supreme Court decision: the absence of economic grounds ... This Law Firm Publication by Herbert Smith offers a brief update as to an employment case heard in the Supreme Court of France. The court held that employees who are dismissed in the absence of any serious economic grounds are entitled to damages from their employer, however, this does not equate to the dismissal being void. The decision overturns a previous case decision heard in the French court of appeal in May 2011. | Articles | 09-May-2012 |
| 57 | Summary dismissal of managing director for misappropriation This Law Firm Publication by Norrbom Vinding looks at an employment appeal case heard in the Danish High Court, surrounding the summary dismissal of a managing director for gross misconduct in relation to using company money for private purposes. The High Court affirmed the lower courts’ stance that misappropriation of company funds by any employee, regardless of their seniority, can lead to a fair summary dismissal. | Articles | 03-May-2012 |
| 58 | Age discrimination: redundancy The Court of Appeal has held that an NHS Trust's dismissal of a redundant chief executive without proper consultation to avoid his qualification for an enhanced pension was not unlawful age discrimination because the treatment was justified. | Articles | 02-May-2012 |
| 59 | Effective date of termination The Employment Appeal Tribunal has held that when an employee sent a letter clearly indicating her immediate resignation, her effective date of termination was the date on which her letter was opened and date-stamped at her employer's offices. | Articles | 02-May-2012 |
| 60 | Redundancy: selection The Employment Appeal Tribunal has held that an employer could use a selection pool of one employee where it was ceasing its operations in China and only one employee had been sent to China. | Articles | 02-May-2012 |
| 61 | Retirement: the right to request The Court of Appeal has held that an employer's notice of intended retirement under Schedule 6 to the Employment Equality (Age) Regulations 2006 (SI 2006/1031) had to tell the employee that his right to request not to retire was pursuant to paragraph 5 of Schedule 6 to the 2006 Regulations. | Articles | 02-May-2012 |
| 62 | TUPE: limited company franchisees The Employment Appeal Tribunal has held that a transferee service provider who dismissed transferring employees and replaced them with limited company franchisees had established an economic, technical or organisational reason entailing changes in the workforce, meaning that the dismissals were potentially fair. | Articles | 02-May-2012 |
| 63 | TUPE: material detriment The Employment Appeal Tribunal has held that a six-mile relocation resulting from a TUPE transfer was a substantial change in bus drivers' working conditions to their material detriment. | Articles | 02-May-2012 |
| 64 | Employee summarily dismissed because of LinkedIn ... This Law Firm Publication by Norrbom Vinding provides a brief overview of a recent employment appeal case heard in the Danish High Court. The decision confirms that employers are able to dismiss their employees due to disloyal or damaging statements made by the employees on social media platforms, even when the employee considers the communications to be private. | Articles | 25-Apr-2012 |
| 65 | Age discrimination: early retirement The Employment Appeal Tribunal has held that an employer’s refusal of applications for early retirement from employees aged between 50 and 54 was not unlawful indirect age discrimination. | Articles | 29-Mar-2012 |
| 66 | Collective redundancy consultation The Employment Appeal Tribunal has considered the application of the collective consultation obligations under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 to fixed-term employees who were dismissed on expiry of their contracts. | Articles | 29-Mar-2012 |
| 67 | Redundancy: selection pools The Employment Appeal Tribunal has held that a redundancy dismissal was unfair where the employer used a selection pool of just one employee. | Articles | 29-Mar-2012 |
| 68 | Supreme Court of Canada to consider random alcohol testing ... This Law Firm Publication by Davis LLP examines the recent Irving Pulp & Paper case, where the Supreme Court of Canada has granted a leave to appeal to the union, in order to decide on whether employers can conduct random alcohol testing of employees in safety sensitive conditions. The Court of Appeal in Canada previously held that employers have the right to conduct the testing by taking a balancing of interests approach between employer rights to enforce rules, against employee privacy. The case decision is eagerly anticipated by relevant employers and unions, and will set a precedent in the Canada. | Articles | 29-Mar-2012 |
| 69 | TUPE: service provision changes The Employment Appeal Tribunal has held that there was no service provision change when a contract was outsourced from one contractor to another because there was not an organised grouping of employees whose principal purpose had been to carry out the relevant activities on behalf of the client. | Articles | 29-Mar-2012 |
| 70 | Unfair dismissal: continuous employment The Employment Appeal Tribunal has held that an employer’s agreement that an employee could rescind her resignation meant that the resignation had never been effective. | Articles | 29-Mar-2012 |
| 71 | Disability discrimination: reasonable adjustments The Employment Appeal Tribunal has held that a claimant may be put at a substantial disadvantage by a provision, criterion or practice, even though they are not required to comply with it. | Articles | 01-Mar-2012 |
| 72 | Vicarious liability: violent employees The Court of Appeal has considered two cases in which employees argued that their employers were vicariously liable for their colleagues’ violent acts, holding in one case that the employer was liable and, in the other, that it was not. | Articles | 01-Mar-2012 |
| 73 | Working time: opt-outs The Employment Appeal Tribunal has held that an employer’s requirement that an employee sign an opt-out agreement in order to work overtime was reasonable and necessary to ensure that the employer complied with its duties under the Working Time Regulations 1998 (SI 1998/1833). | Articles | 01-Mar-2012 |
| 74 | Annual leave: carry-over by sick workers The European Court of Justice has held that the time for which workers on long-term sick leave can carry over untaken statutory annual leave can be limited. | Articles | 25-Jan-2012 |
| 75 | Express contract terms: damages A majority of the Supreme Court has held that two claims for breach of express contract terms, in the form of failure to follow contractual disciplinary procedures, were covered by the statutory remedy for unfair dismissal and could not be the subject of claims for damages. | Articles | 25-Jan-2012 |
| 76 | Sickness absence dismissals: length of service The Employment Appeal Tribunal has held that an employee’s length of service is irrelevant when considering the reasonableness of an employer’s investigation into sickness absence. | Articles | 25-Jan-2012 |
| 77 | Fixed-term work in Andalusia This Law Firm Publication by Norrbom Vinding focuses on recent decision made by the Spanish courts who ruled that the EU Fixed-Term Employment Directive may extend to permanent employees in some cases. The ruling underlines that Spain, as well as each individual member state, is free to lay down procedural rules for taking legal action, but that member states must not make it practically impossible or excessively difficult for citizens to exercise their rights under EU law. | Articles | 14-Dec-2011 |
| 78 | Statutory holiday pay The Employment Appeal Tribunal has held that workers are only entitled to statutory holiday pay under regulation 16 of the Working Time Regulations 1998 (SI 1998/1833) if they take statutory holiday or, in accordance with regulation 15 of the WTR, give their employer notice that they wish to do so. | Articles | 01-Dec-2011 |
| 79 | TUPE: changing employment terms The Employment Appeal Tribunal has held that the consensual variation of employees’ contractual rates of pay, following the transfer of their employment under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246), was not void because it was not by reason of, or for a reason connected with, the transfer. | Articles | 01-Dec-2011 |
| 80 | TUPE: post-transfer changes to terms The Employment Appeal Tribunal has allowed an appeal from a majority tribunal decision that employees, dismissed for refusing to accept contract changes following a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246), had been automatically unfairly dismissed. | Articles | 01-Dec-2011 |
| 81 | Unfair dismissal: work permits The Employment Appeal Tribunal has held that an Indian national, unfairly dismissed before his work permit expired, but who had applied for indefinite leave to remain, was entitled to have compensation for loss of earnings calculated beyond his work permit’s expiry date. | Articles | 01-Dec-2011 |
| 82 | Whistleblowing: causation and vicarious liability The Court of Appeal has held that an employer cannot be vicariously liable for its employees victimising their whistleblowing colleagues and that, where a whistleblower is subjected to a detriment by the employer, to avoid liability the employer must show that the making of the disclosure did not materially influence the detrimental treatment. | Articles | 01-Dec-2011 |
| 83 | Dismissing foreign employees facts over assumptions This Law Firm Publication by Cliffe Dekker Hofmeyr focuses on the importance of verifying the residency status of foreign employees before dismissal on the grounds of illegal status in South Africa. A recent judgement in Dunwell Property Services CC v Morgan Sibande and Others highlights the need for companies to adopt fair procedures when dismissing employees. | Articles | 15-Nov-2011 |
| 84 | Disability discrimination: reasonable adjustments The Employment Appeal Tribunal has held that a proposed adjustment does not have to have a good or real prospect of removing a disabled employee’s disadvantage for that adjustment to be reasonable under disability discrimination law. | Articles | 27-Oct-2011 |
| 85 | Reasonable adjustment: when is it too expensive? The Employment Appeal Tribunal’s decision in Cordell v FCO provides important clarification on the approach tribunals should take when considering cost as the reason for a refusal to make a reasonable adjustment to accommodate an employee’s disability. | Articles | 27-Oct-2011 |
| 86 | References The Court of Appeal has held that a former employer did not breach its duty of care when it provided a reference referring to allegations against a former employee, because it was made clear that the allegations had not been investigated. | Articles | 27-Oct-2011 |
| 87 | Unfair dismissal: working during sick leave The Employment Appeal Tribunal has held that an employee on sick leave was unfairly dismissed for misconduct when she carried on working in a second part-time job, for which she remained medically fit, without her first employer’s permission. | Articles | 27-Oct-2011 |
| 88 | Working time: compensatory rest The Court of Appeal has confirmed that a period of compensatory rest under regulation 24(a) of the Working Time Regulations 1998 (SI 1998/1833) does not have to have the same characteristics as a rest break under regulation 12(1). | Articles | 27-Oct-2011 |
| 89 | Illegal contracts The Employment Appeal Tribunal has confirmed that for a contract to be tainted with illegality it is not enough for an employee to represent himself to HM Revenue & Customs as self-employed: he must know that his entitlement to this status is unsustainable. | Articles | 28-Sep-2011 |
| 90 | Summary dismissal during notice period The Employment Appeal Tribunal has held that where an employer dismisses an employee with notice, then purports to dismiss him summarily during his notice period, the employee’s effective date of termination is the date of his summary dismissal. | Articles | 28-Sep-2011 |
| 91 | Equal pay: preservation of terms under TUPE The Employment Appeal Tribunal has held that a Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) transfer of employees, which transferred the claimants and their comparator from different employers to a new employer on different salaries, amounted to a genuine material factor defence to an equal pay claim brought six years later. | Articles | 01-Sep-2011 |
| 92 | Request to work beyond retirement The Employment Appeal Tribunal has held that an employer’s duty to consider an employee’s request to work beyond his retirement age under Schedule 6 to the Employment Equality (Age) Regulations 2006 (SI 2006/1031) had to be exercised in good faith. | Articles | 01-Sep-2011 |
| 93 | Collective consultation: protective awards The Employment Appeal Tribunal has held that a tribunal cannot treat an employee’s claim for a protective award for breach of collective consultation requirements under the Trade Union and Labour Relations (Consolidation) Act 1992 as representative and make an award to other employees in a similar position to the claimant. | Articles | 28-Jul-2011 |
| 94 | Disability discrimination: redundancy selection criteria The Employment Appeal Tribunal has held that an employer’s failure to adjust its redundancy selection criteria did not breach its duty to make reasonable adjustments under the Disability Discrimination Act 1995, because doing so would not have prevented the employee’s dismissal. | Articles | 28-Jul-2011 |
| 95 | Disciplinary hearings: legal representation The Supreme Court has held that an employee is entitled to legal representation in disciplinary proceedings with a public employer when the outcome of those proceedings will have a substantial influence on the subsequent determination of the employee’s civil rights. | Articles | 28-Jul-2011 |
| 96 | Reasonable adjustments: employer's knowledge The Employment Appeal Tribunal has held that an employer did not know, and could not reasonably have been expected to know, that an employee had a disability until it received a consultant’s report that had been jointly commissioned at the tribunal’s direction. | Articles | 28-Jul-2011 |
| 97 | TUPE: Secretary of State not liable for basic award The Employment Appeal Tribunal has held that where regulations 8(1) to (6) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) apply to a transfer of an insolvent employer’s business, the Secretary of State will not be liable for employment liabilities that arise after the transfer. | Articles | 28-Jul-2011 |
| 98 | Apportioning discrimination compensation The Employment Appeal Tribunal has held that employment tribunals have no power to apportion liability for compensation in cases where more than one respondent is found guilty of discrimination. | Articles | 30-Jun-2011 |
| 99 | Content of retirement notice The Employment Appeal Tribunal has held that an employer only met its obligation to notify an employee of his right to request to continue working beyond retirement if the employee was told the essential conditions for exercising that right. | Articles | 30-Jun-2011 |
| 100 | Discrimination: religion or belief The Employment Appeal Tribunal has held that an employer’s refusal to allow an employee to leave its client’s site on Friday lunchtimes to attend a mosque was not indirect religious discrimination. | Articles | 30-Jun-2011 |
| 101 | Compromise agreements The Employment Appeal Tribunal has held that the provision of advice on the terms and effects of a compromise agreement does not require the adviser to take a view on whether the deal on offer is a good one or whether they think it should be accepted. | Articles | 26-May-2011 |
| 102 | Payment of PILON terminated contract The Court of Appeal has held that an employee’s contract terminated on the date that a payment in lieu of notice was paid into his bank account. | Articles | 26-May-2011 |
| 103 | Redundancy: sex discrimination The Employment Appeal Tribunal has held that inflating the score of an employee on maternity leave in a redundancy selection process was sex discrimination against her male colleague. | Articles | 26-May-2011 |
| 104 | Discrimination: sexual orientation The Employment Appeal Tribunal has held that a policy of making a pub less attractive to gay customers directly discriminated against a gay employee who was uncomfortable about implementing it. | Articles | 24-Feb-2011 |
| 105 | Bonuses and pay in lieu of notice The Court of Appeal has held that an employee's payment in lieu of notice entitlement did not include the guaranteed bonus he would have received if he had remained employed during his notice period. | Articles | 26-Jan-2011 |
| 106 | Direct discrimination: motive The Employment Appeal Tribunal has confirmed that an employer cannot escape liability for direct race discrimination because it has a benign motive for its actions. | Articles | 01-Oct-2009 |
| 107 | Disciplinary hearings: legal representation The Court of Appeal has held that a doctor was contractually entitled to legal representation at an internal disciplinary hearing and that Article 6 of the European Convention on Human Rights implied a right to legal representation in the circumstances. | Articles | 01-Oct-2009 |
| 108 | TUPE: substantial change dismissal The Employment Appeal Tribunal has held that, for the purposes of regulation 4(9) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, whether there has been a substantial change in working conditions is a question of fact determined by the nature and degree of change. | Articles | 01-Oct-2009 |
| 109 | TUPE: transferor in administration The Court of Appeal has held that an employee had sufficient continuity of employment to pursue a claim for unfair dismissal against the buyer of his employer, which had been put into administration before the sale. | Articles | 01-Oct-2009 |