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Showing 487 results for Employment
“Self-employed” worker entitled to 13 years’ holiday pay
...employment ends. Appeal to the Employment Appeal Tribunal (EAT) Sash Windows appealed to the EAT saying that Mr King wasn’t entitled to carry over untaken holiday and should theref...
Covid-19 workplace guidance offers a layer of protection for employers
...Employment tribunal rules dismissal fair The employment tribunal dismissed his claim, ruling that Mr Rodgers had not shown that he reasonably believed there was a serious and imminent danger within ...
Court of Appeal Guidance on Discrimination Awards Where Psychiatric Injury Caused by Multiple Factors
...employment tribunal had been entitled to find that, although the injury had been caused by multiple factors, it was not divisible. The employer was therefore liable to pay the full compensation....
Personal liability for whistleblowing dismissals: implications for employers
...Employment Appeal Tribunal has upheld an employment tribunal decision that two non-executive directors were personally liable for their part in dismissing an employee on whistleblowing grounds. Speed...
When is a resignation letter not a resignation?
...employment should cease. The tribunal therefore concluded that when Mr Gorton-Davey received Ms Levy’s written notice he did not understand her to be resigning from her employment with the Trust. ...
Employer Entitled to Choose Between Pay Increase Options
Employer Entitled to Choose Between Pay Increase Options An employer which agreed two options for a pay increase with a union was entitled to award the lower of the two. In Anderson v London Fire &am...
Refusal to Extend Permanent Health Insurance Beyond 60 Not Age Discrimination
...employment tribunal stuck out her claim and Ms Smith appealed to the Employment Appeal Tribunal (EAT). Decision The EAT rejected the appeal. The reason the payments ceased at 60 was because of the ...
Commission and Holiday Pay: No Change from Court of Appeal
...employment tribunal claim. The Lock v British Gas case will now return to the Employment Tribunal who will decide how Mr Lock’s holiday pay should be calculated. Employers will be particularly interes...
Collective redundancies: no priority treatment for pregnant workers
...employment opportunities, in the UK a woman whose role becomes redundant when she is on maternity leave has the right to be offered any suitable available vacancy. Employers are required to prov...
Age Discrimination: Considering retirement requests
Age Discrimination: Considering retirement requests In Ayodele v Compass Group plc, an Employment Tribunal has found that a request to work beyond the age of 65 years (the Default Retirement Age) must...
Employee Lost Right to Claim Constructive Dismissal After 18 Month Delay in Resigning
...employment tribunal agreed, finding that she had affirmed the employment contract. It relied on the following factors as evidence that she had affirmed the contract: acceptance of 39 weeks’ sick pay;...
Holidays for Sick Workers: If You Don’t Ask, You Don’t Get
...employment terminated, her employer paid her in lieu of holiday which accrued in the final year of her employment but not for holiday which accrued in the previous two years. Mrs Fraser brought a trib...
No Damages for Breach of Contractual Disciplinary Procedure
...employment tribunal. In the cases of Edwards v Chesterfield Royal Hospital Foundation Trust and Botham v Ministry of Defence, employees sought to argue that breaches of a contractual disciplinary pro...
Illegal Worker Unable to Bring Race Discrimination Claim
...employment tribunal on public policy grounds on the basis that employees should not be able to bring statutory employment claims which are dependent on a contract of employment having existed between ...
Employer’s Covenant Drafting Error Could Not be Corrected By Court
...employment contract contained a 12 month non-compete covenant precluding him from being involved in any competing business. However, this was limited to where his involvement was in connection with a...
Discrimination Compensation: Duty to Mitigate Loss
Discrimination Compensation: Duty to Mitigate Loss In Debique v Ministry of Defence the EAT upheld an employment tribunal’s decision not to award compensation for loss of earnings following successfu...
Subjective Criteria Can Be Used When Selecting Redundant Employees for Alternative Roles
...employment tribunal considered that the criteria used were nebulous and liable to subjective interpretation and was concerned that employees were not scored consistently or objectively. The EAT held ...
Settlement agreement did not discharge employee from non-compete obligations in shareholders’ agreement
...employment was not discharged from non-compete obligations contained in a shareholders’ agreement. Facts In Ideal Standard International SA v Herbert, Mr Herbert was employed by Ideal S...
Employer Could Not Rely on “Without Prejudice” Correspondence
...employment judge ruled that the correspondence could be relied on. It did not attract without prejudice protection as it was not made in a genuine attempt to settle an existing dispute. In addition,...
Disciplinary Action for Imposing Religious Views Not Religious Discrimination
...Employment Tribunal Decision The employment tribunal ruled that the Trust had not discriminated against her. Whilst the context of the disciplinary process was religious acts, the reason for the war...