Search
Showing 487 results for Employment
Ban on Religious, Political and Philosophical Symbols Lawful
Ban on Religious, Political and Philosophical Symbols Lawful It may not have escaped your attention that the ECJ has just issued high-profile judgments in two cases concerning employees wearing headsc...
No whistleblowing protection for employee concerned only for personal liability
...Employment Appeal Tribunal (EAT). Decision The EAT dismissed her appeal, finding that the employment tribunal had applied the public interest test correctly. A disclosure does not ...
Commission for Healthcare Audit & Inspection v Ward
...employment under Employment Rights Act 1996 sec 141. The employment tribunal concluded that the new job did not involve a loss of status. Although there were some material differences between the two ...
Third Party Harassment: Not doing enough
Third Party Harassment: Not doing enough In Sheffield City Council v Norouzi, the EAT concluded that the Council was liable for the discriminatory acts of a child against a member of staff. Case summ...
Workers Permanently Assigned to Client Not Protected by Agency Worker Regulations
...employment they were placed with one of Ideal’s clients, Celanese, and their statement of written particulars of employment stated that their place of work was the Celanese factory. They worked there...
Employee Suffering from Work-related Stress Not Disabled
Employee Suffering from Work-related Stress Not Disabled An employment tribunal had been entitled to find that an employee who suffered stress as a result of difficulties at work was not disabled. Sp...
Sick Workers Cannot Carry Over Holiday Indefinitely
...employment was terminated. Under the terms of an industry collective agreement, holiday untaken because of sickness could be carried over for 15 months. Mr Schulte claimed pay in lieu of untaken ho...
Six Week Delay in Resigning Did Not Preclude Constructive Dismissal Claim
...employment tribunal held that the fact that C waited six weeks before resigning meant that he could not claim constructive dismissal. The Employment Appeal Tribunal upheld C’s appeal. Delay in it...
Bankers Contractually Entitled to Bonus Payments
...employment would take effect in the same way as other contractual terms. In addition, the Bank’s attempt to reduce the bonuses payable if its actual revenue was materially less than forecast amounted...
No TUPE Transfer Where Employee Worked Solely for One Client
...employment transferred to Seawell under TUPE. Where there is a service provision change (SPC), an employee’s employment contract will transfer if, immediately before the SPC, there is “an organised...
LLP Members Qualify for Worker Rights
...Employment Tribunal, Employment Appeal Tribunal and Court of Appeal, the Supreme Court has ruled that B was a worker and could therefore benefit from whistleblowing protection. In order to show that s...
Service Provision Change Exception for Tasks of Short Term Duration
Service Provision Change Exception for Tasks of Short Term Duration An employment tribunal may take into account events following a change in service provider, when considering whether a client intend...
Transferor Ordered to Pay £65,500 to Transferee for Failing to Provide Employee Liability Information
...employment tribunal for breach of the employee liability provisions. The employment tribunal upheld its claim and awarded compensation of £65,500, representing the minimum award of £500 per employee i...
Assessing disability: Impairment must be long-term when discrimination occurs
...employment tribunal to determine whether the claimants were disabled at the time of the alleged discriminatory acts. What does this mean?Employers facing disability discrimination claims sho...
Death in Service Benefits Recoverable in Full
...Employment Appeal Tribunal that the death in service benefits could be recovered in full. The loss of the contractual right to the death in service benefit was a real loss suffered by F. He had lost...
Employee with “pre-cancerous lesion” deemed disabled
...employment tribunal concluded she did not have cancer within the meaning of the EqA 2010 and was not therefore disabled. It paid particular attention to the parts of the medical evidence using t...
Associative Discrimination: What Degree of Association is Required?
...employment tribunal ruled that a claim of associative victimisation can be brought and the company did not appeal this part of the decision. However, it went on to rule that the link or association b...
Whistleblowing Claim Failed as Legal Obligation Not Identified
...employment tribunal must identify the legal obligation, its source and how it was breached before moving on to consider whether the employee reasonably believed that it had been breached (and that the...
Replacing Employees with Franchisees Can be an “ETO Reason”
...employment" business model as their reduced cost base enables them to price the contract more cheaply. However, contractors need to be aware that sham arrangements will not work - courts will always l...
UK Must Protect Against Dismissal on Grounds of Political Beliefs
...employment tribunals will be tempted to interpret the religion and belief provisions of the Equality Act so as to give protection for political beliefs.