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Showing 487 results for Employment
Two Week Gap Between Employments with Associated Employers: Continuity Not Broken
...employment, continuity would have been preserved by S218(6) Employment Rights Act 1996 which provides for continuity of employment where an employee is employed by associated employers. However, the ...
Compensation: We Can’t Afford it!
...employment protection canon where ability to pay is a feature (see for example the costs regime). But in the assessment of damages for a statutory tort, the possibility that the employer will be in di...
Start Date Not Brought Forward By Attending Client Meeting
...employment contract in August 2009 which stated that her employment and continuous employment would start on 1 October 2009. On 30 September 2009 she attended a client meeting having been asked to do...
Employer Could Not Rely on Final Written Warning Issued in Bad Faith
...employment tribunal refused to let him give evidence on this point, saying that the background to the final written warning was irrelevant. Mr Way appealed to the Employment Appeal Tribunal and then ...
Post- employment Victimisation is Unlawful under the Equality Act 2010
...employment Victimisation is Unlawful under the Equality Act 2010 An employment tribunal has held that post-employment victimisation is unlawful under the Equality Act 2010. While under section 108 of...
Self-dismissal by failure to respond
...employment. As such, Mr Zulhayir’s employment had continued and his failure to respond to the company’s letter was not sufficient to act as a termination of his employment. What does this mean for emp...
Disagreement Over Pay and Terms: No Breach of Trust and Confidence
...employment and prepared various drafts of a service agreement which were never agreed. The matter became contentious and S’s solicitors wrote to his employer saying that S had lost all trust and conf...
Compensatory awards to increase as employer pension contributions count towards the calculation of a week’s pay
...employment tribunal agreed. It declined to follow a 1989 employment tribunal decision which had ruled that pension contributions should not be taken into account as they are not received directl...
Dismissal – The date of dismissal when there is a PILON involved
...employment, when there is a payment in lieu of notice clause in the employment contract. The question was when was Mr Geys dismissed? In this case Mr Geys was not aware that the payment had been made...
Employer unaware of link between misconduct and disability still liable for discrimination
...employment tribunal upheld his claim of discrimination arising from disability. Mr Grosset produced medical evidence at the tribunal hearing indicating that there was a link between his miscondu...
Employment Tribunal Judgment on Employer's Liability for Whistleblowing Claims, Ruled Incorrect
Employment Tribunal Judgment on Employer's Liability for Whistleblowing Claims, Ruled Incorrect The Employment Appeal Tribunal has ruled that an employment tribunal was wrong to decide that an employe...
Historic Misconduct Justified Dismissal Despite Employer Looking for Reason to Dismiss
...employment by reason of redundancy. The next day, forensic investigators reported to LUFC that they had discovered an email containing lewd images which had been received by W five years’ previously ...
Mistreatment of Migrant Workers due to Immigration Status not Race Discrimination
...employment tribunal claims, including claims of race discrimination. In both cases, the employment tribunals found that the reason for their mistreatment was not because they were Nigerian, but becau...
Employee Fairly Dismissed for Vulgar Facebook Postings about Colleague
Employee Fairly Dismissed for Vulgar Facebook Postings about Colleague An employment tribunal has held that the dismissal of an employee for gross misconduct after he posted vulgar comments about a c...
Employee Sacked for Gross Misconduct Wins Disability Discrimination Claim
...employment tribunal indicated there was a link and the employment tribunal had been entitled to take this into account when deciding that his disability was a cause of his misconduct. The tribunal h...
Pimlico Plumbers lose holiday pay appeal
...employment status went all the way to the Supreme Court which upheld the employment tribunal decision that he was a worker. However, both the Employment Tribunal and Employment Appeal rejected his cla...
Employer liable to pay income protection payments not covered by insurance policy
...employment tribunal claim for unlawful deduction from wages. The employment tribunal ruled that he was contractually entitled to the escalator and upheld his claim. The Employment Appeal Tribunal dism...
Paying Pro-rated Holiday Pay to Zero-Hours Workers is Lawful
...employment was subsequently terminated, the claimants claimed holiday pay for annual leave not taken. The employer argued that they were not entitled to paid leave as they had not worked any hours. ...
Employee Who Objected to TUPE Transfer Not Protected Against Discrimination by Transferee
...Employment) Regulations 2006 applied. This meant that Ms Gunn’s employment would automatically transfer to NHS Direct, unless she objected. NHS Direct notified Ms Gunn that it required all of its st...
Token Sum for Holiday Pay on Termination Not Allowed
...employment. The employment contract could not therefore only provide for a token payment. Although the decision in this case is not binding as it is only at employment tribunal level, the question of...