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Showing 487 results for Employment
Confidential Information: Two wrongs don’t make a right
...employment she suffered from ill health and raised concerns regarding her bonus and other matters. In January 2010, Ms Chadwick started to send large quantities of confidential information to her pri...
Requiring Opt-Out as Condition for Working Overtime Not a Detriment
...employment tribunal held that the employee had been subjected to a detriment caused by his failure to sign an opt-out and it upheld the claim but awarded no compensation. The EAT allowed the employer...
Sick employees’ right to carry over untaken holiday only applies to Working Time Directive leave
...employment contract. Where carry over has not been agreed and a worker is unable to take the holiday due to sickness, this case makes it clear that employers do not have to allow them to carry it over...
Tax: Taxing new Employees
...employment income over and above the amount deducted by his employer under the PAYE system, when a P45 and P46 has not been provided. Mr Burton did not provide his new employer with a P45 and the P46...
Uber drivers are workers, not self-employed contractors
...Employment Tribunal held that the drivers engaged by Uber are not self-employed contractors offering their services to passengers via the Uber app. The Employment Tribunal found that any Uber driver w...
No Victimisation Where Employee Required to Relocate After Grievance
...employment there was banter of a racial nature which he initially took part in. He subsequently complained to his line manager about name-calling and abusive remarks. After a team meeting at which t...
Northern Irish ruling could lead to employers facing more holiday pay claims
...Employment Appeal Tribunal in the Bear Scotland case. Employers have been relying on the Bear Scotland decision to extinguish claims where there is more than three months between a series of underpaym...
Employment Status: Dentist was not a Worker
Employment Status: Dentist was not a Worker In Community Dental Centres Ltd v Sultan-Darmon the EAT found that the unfettered right of substitution (i.e. that if Dr Sultan-Darman could not work, he c...
Employers can pay more during adoption leave than shared parental leave
...employment tribunal claim for direct sex discrimination. Employment tribunal rejects sex discrimination claimMr Price claimed it was unlawful sex discrimination to pay a man who took shared paren...
Employee Breached Implied Duty of Fidelity by Organising Team Move
...employment contracts can still gain protection against competition from employees during employment through the duty of fidelity. That duty is implied into all employment contracts. However, it is i...
Expectation that Employee Work Long Hours Engaged Reasonable Adjustments Duty
...employment tribunal agreed. Constructive dismissal The employment tribunal ruled that although the employer’s conduct amounted to a repudiatory breach of contract, its breach was not the reason for ...
No Disability Discrimination where Employee made Redundant after Absence for Cancer Treatment
...employment tribunal had been entitled to conclude that his absence was merely the occasion on which his employer was able to identify its ability to manage without him, and was not the cause of his di...
Agency workers: when is a worker supplied temporarily?
...Employment Appeal Tribunal rejects appeal Angard and Royal Mail appealed to the Employment Appeal Tribunal which agreed with the employment tribunal’s decision. When assessing whether a worker is sup...
Employment tribunal wrong to strike out menopause disability discrimination claim
...employment tribunal ruled that Ms Rooney was not disabled and dismissed her disability discrimination claim. She appealed to the Employment Appeal Tribunal which upheld her appeal. Empl...
Dismissal for raising frivolous and vexatious grievances was fair
...Employment Tribunal was wrong to construe his actions as gross misconduct because they were neither a deliberate breach of contract nor gross negligence. The Employment Appeal Tribunal dis...
No Duty to Top Up Part-time Earnings During Phased Return to Work
...employment tribunal’s decision that the employer had breached its duty to make reasonable adjustments by failing to top up her part-time earnings. The tribunal had failed to recognise that the Trust...
Employee Lost Right to Claim Constructive Dismissal by Giving Too Much Notice
...employment ended C brought an unfair dismissal claim. His employer sought to strike it out, arguing that C had waived any alleged breach of contract by giving significantly longer notice than required...
Employee TUPE Transferred Despite Instruction to Remove Him From Contract
...employment had transferred. Saga continued to pay her and eventually made her redundant. She claimed unfair dismissal against Saga and Westminster. The employment tribunal ruled that Ms Jakowlew’s e...
Redundancy and Maternity Leave: Extent of Obligation to Offer Alternative Employment
...employment tribunal upheld both claims and the employer appealed to the Employment Appeal Tribunal. The employer argued that the obligation to offer an alternative vacancy was only triggered once it h...
Employee who Applied for Voluntary Redundancy had to Repay Company Loan
...employment tribunal considering similar arguments would have a good deal of sympathy for an employee in this situation. At the end of the day, Mr Ali was dismissed as the result of a process initiate...