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Showing 165 results for Contracts
Employee with long COVID was disabled
Employee with long COVID was disabled Is long COVID a disability? An Employment Tribunal has ruled that an employee suffering with symptoms of long COVID was disabled. He could therefore claim disabi...
Office-working requirement discriminated against carer
Office-working requirement discriminated against carer Tribunal rules employee who cared for her disabled mother suffered indirect associative discrimination An employment tribunal has ruled that an ...
Post-termination Restrictions Agreed During Employment Unenforceable
...contracts need consideration if they are to be binding. Where employment contracts contain post-termination restrictions on joining, the employer provides consideration by agreeing to employ the emp...
Summary Dismissal Provision did not Entitle Employer to Dismiss Without Notice for Minor Breach
Summary Dismissal Provision did not Entitle Employer to Dismiss Without Notice for Minor Breach An employer was not entitled to dismiss without notice for a breach of security rules, even though the ...
PILONs and bonus payments
PILONs and bonus payments In Locke v Candy and Candy Limited, the Court of Appeal has concluded that an employee who is paid in lieu of their notice entitlement under a PILON, and is therefore not in...
Six Year Time Limit for Equal pay Claims
Six Year Time Limit for Equal pay Claims Employees are likely to have six years to bring equal pay claims following a recent Court of Appeal decision. Employees have always been able to bring equal p...
Transferee May be Bound by Post-transfer Changes to Collective Agreements
...contracts provided that their terms and conditions would be in accordance with collective agreements negotiated from time to time with the National Joint Council for Local Government (NJC). Their emp...
Whistleblowing Public Interest Test Satisfied by Employee Raising Contractual Matter Affecting Group of Employees
Whistleblowing Public Interest Test Satisfied by Employee Raising Contractual Matter Affecting Group of Employees The public interest requirement under the whistleblowing legislation may be satisfied ...
Six Week Delay in Resigning Did Not Preclude Constructive Dismissal Claim
Six Week Delay in Resigning Did Not Preclude Constructive Dismissal Claim A six week delay in resigning did not preclude an employee from claiming that he had been constructively dismissed. In Chind...
The Difficulties of Imposing Changes to Terms and Conditions
...contracts. The employer could only rely on the contractual right to vary if the changes to the trigger points were not detrimental. Unsurprisingly, the High Court rejected the employer’s arguments t...
Discrimination: No time off to attend Mosque did not amount to indirect discrimination
Discrimination: No time off to attend Mosque did not amount to indirect discrimination In Cherfi v G4S Security Services Ltd, the EAT considered that G4S’s refusal to allow Mr Cherfi time off to att...
Workers Not Entitled to Compensation Uplift
Workers Not Entitled to Compensation Uplift An employment tribunal was wrong to award a 25% uplift on compensation where a worker succeeded in claiming detrimental treatment on whistleblowing grounds....
Two Week Gap Between Employments with Associated Employers: Continuity Not Broken
...contracts. In Holt v EB Security Ltd, H was dismissed from his job with P when the pub he was working in was closed down. Two weeks later he took up a different role with EB, an associated employer ...
No TUPE Transfer Where Employee Worked Solely for One Client
No TUPE Transfer Where Employee Worked Solely for One Client An employee who spent all of his time working for one client was not “an organised grouping of employees” and so his employment did not tr...
Employee Lost Right to Claim Constructive Dismissal After 18 Month Delay in Resigning
Employee Lost Right to Claim Constructive Dismissal After 18 Month Delay in Resigning An employee who waited 18 months after complaining of her employer’s repudiatory breach of contract before resigni...
Effect of Successful Appeal Against Dismissal
Effect of Successful Appeal Against Dismissal The EAT has ruled that a decision on appeal that an employee’s dismissal was unsafe automatically resulted in her employment contract being revived. Th...
TUPE service provision change: employees’ contracts can be split between transferees
...contracts can be split between transferees The Employment Appeal Tribunal has ruled that it is possible to split employees’ employment contracts following a TUPE service provision change so they becom...
Uber drivers are workers, not self-employed contractors
Uber drivers are workers, not self-employed contractors On Friday, the London Central Employment Tribunal held that the drivers engaged by Uber are not self-employed contractors offering their service...
Raising Non-Urgent Concerns with Employee on Sick Leave Breached Implied Term of Trust and Confidence
Raising Non-Urgent Concerns with Employee on Sick Leave Breached Implied Term of Trust and Confidence An employer who wrote to an employee on sick leave raising non-urgent concerns had breached the i...
Employer could not “buy” post-termination restriction
Employer could not “buy” post-termination restriction The High Court has refused to enforce a post-termination restriction which would have prevented an employee from dealing with customers for six mo...