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Employers must have systems for recording daily working hours
Employers must have systems for recording daily working hours What does the new ruling from the European Court of Justice mean for employers?Employers will have to ensure they have procedures for reco...
Employers’ Retirement Notices Invalid Due to Technicality
...employment tribunal held that the employer had complied with the statutory requirements. Mr Bailey, on the other hand, had not as he did not state that his request not to retire was made under Paragr...
No Compensation under TUPE where Bonus Wrongly Described as Non-contractual
...Employment Appeal Tribunal (EAT). Decision The EAT dismissed the appeal. TUPE required Spire to provide Born with the particulars of employment required under section 1 Employment Rights Act ...
Constructive dismissal: affirmation does not affect employee’s right to rely on employer’s previous conduct
...employment for many months after it. This meant that she had affirmed the contract and waived her right to rely on that conduct. Ms Kaur lost her appeal to the Employment Appeal Tribunal (E...
Employers may have to protect a disabled employee’s pay
...employment. In most cases, an employee will agree to the adjustment but (s)he is entitled to decline it and the employer cannot impose the adjustment as a unilateral variation to the employment contra...
PILONs and bonus payments
...employment at the time of payment, is not entitled to a guaranteed bonus. Mr Locke was employed by Candy and Candy Limited, for just under a year. Under his Employment Contract, he was entitled to tw...
Employer Vicariously Liable for Employee’s Assault on Customer
...employment that it would be fair and just to hold the employer liable for his acts. This involves considering: the nature of the employee’s job or field of activities involved, taking a broad approac...
Employer Stopped from Providing Reference Containing Details of Disciplinary Allegations and Sickness Record
...employment relationship, from recruitment, through employment to termination. Please contact Piers Leigh-Pollitt for further information or email info@doyleclayton.co.uk.
Employer’s £42,000 SMP Bill Despite Employee Agreeing ACAS Settlement
Employer’s £42,000 SMP Bill Despite Employee Agreeing ACAS Settlement An employer has had to pay an employee over £42,000 in Statutory Maternity Pay, even though it had already paid her £60,000 under ...
Reasonableness of Sickness Absence Investigation: Length of Service Irrelevant
Reasonableness of Sickness Absence Investigation: Length of Service Irrelevant An employment tribunal was wrong to take an employee’s long service into account when deciding whether an employer had ca...
Instruction Not To Speak Russian at Work Not Race Discrimination
...employment tribunal dismissed her claim and she appealed. The Employment Appeal Tribunal dismissed her appeal. The employment tribunal had been entitled to find that an instruction linked to an empl...
£16,000 injury to feelings compensation for one-off act of harassment
...Employment Appeal Tribunal ruled that an employment tribunal had been entitled to award an employee £16,000 compensation for injury to feelings for a one-off act of racial harassment. Employment tribu...
Disability discrimination: Failure to consider part-time working meant dismissal not justified
...Employment Appeal Tribunal (EAT) in relation to the rejection of his disability discrimination claim. Decision The EAT ruled that the employment tribunal had been wrong to find that dismissal was ju...
Wrong Starting Point Used for Calculating Protective Award
...employment tribunal to consider the level of awards again. It remains to be seen whether the employment tribunal will change the level of any of the awards when it comes to consider them again. It is...
Label Attached to Misconduct Immaterial
Label Attached to Misconduct Immaterial Where an employer had dismissed an employee for gross misconduct described as fraud, it was not necessary for the employment tribunal to be satisfied that the e...
Written warning for sickness absence was disability discrimination
...Employment Appeal Tribunal agreed with the employment tribunal that the employer had not shown that the warning was a proportionate means of achieving a legitimate aim. It had been unable to exp...
Successful appeal meant no dismissal
...Employment Appeal Tribunal (EAT) which overturned the employment tribunal’s decision. Mr Patel appealed to the Court of Appeal. Decision The Court of Appeal agreed with the EAT that ther...
No deemed knowledge of disability as employee hid mental ill-health
...employment tribunal rule in this case? Her employer admitted she was disabled because of her mental impairments but said it did not know this. The employment tribunal agreed but ruled that it ought t...
Employer Not Required to Waive Competitive Interview Process for Disabled Employee
Employer Not Required to Waive Competitive Interview Process for Disabled Employee An employer’s failure to waive its competitive interview process and appoint a redundant disabled employee to a vacan...
Time Spent by Mobile Workers Travelling Between Home and First and Last Appointments is Working Time
Time Spent by Mobile Workers Travelling Between Home and First and Last Appointments is Working Time The European Court of Justice (ECJ) has ruled that time spent by mobile workers travelling between ...