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Showing 487 results for Employment
Holiday Pay: Carrying Over when on Sick Leave
Holiday Pay: Carrying Over when on Sick Leave In Khan v Martin McColl, an Employment Tribunal ruled that Mr Khan, who had been on long-term sick leave, was not entitled to holiday pay as he had not r...
References: Where there are outstanding disciplinary issues
References: Where there are outstanding disciplinary issues In Jackson v Liverpool City Council, the Court of Appeal found that a former employer was not in breach of its duty of care when it provide...
Covenants Unenforceable as Managers’ Contracts Contained No Restrictions
...employment contracts of the employees’ managers undermined the employer’s contention that it had a legitimate interest to protect in terms of the stability of its workforce. If the managers coul...
Offer of Phased Return Complied with Reasonable Adjustments Duty
Offer of Phased Return Complied with Reasonable Adjustments Duty An employer who offered reduced working hours for 13 weeks to assist an employee to return to their normal contractual working hours h...
Employment Tribunal Gives Clarification on Agency Workers' "Pay Between Assignments Contracts"
Employment Tribunal Gives Clarification on Agency Workers' "Pay Between Assignments Contracts" New employment contracts issued to agency workers by an employment agency complied with the “Swedish dero...
Travel between Worker’s Home and First and Last Appointments is Working Time
Travel between Worker’s Home and First and Last Appointments is Working Time Time spent by mobile workers travelling from home to their first customer, and from their last customer back home, counts a...
The Difficulties of Imposing Changes to Terms and Conditions
...employment 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 ...
Unpaid interns can have rights
...employment, but there had been some discussions that she would be paid which the company later reneged on, claiming that she was not entitled to pay as an intern. The discussions between Ms Hudson an...
Drafting Error in Non-Compete Clause Corrected by High Court
...employment contract contained a 12 month non-compete covenant precluding him from being concerned in any competing business. However, this was limited to where his involvement was in connection with ...
Footballers’ Pay Offs Taxable as Termination Payments
...employment could be terminated early by mutual consent. Tottenham wished to reduce its wage bill and sought to transfer the players to Stoke. Eventually it agreed terms on which the players would tr...
Disability Discrimination: Reasonable Adjustments Guidance
Disability Discrimination: Reasonable Adjustments Guidance In Secretary of State for Work & Pensions v Wakefield, the EAT has confirmed the test, as set out in the case of Environment Agency v Ro...
Summary dismissal fair where no single act of gross misconduct
...employment tribunal ruled that the dismissal was fair. The employer had a fair reason for dismissal and had followed a fair procedure. The majority of the employment tribunal considered th...
12 Month Non-Compete Clause Enforceable
...employment. The term “clients” was defined as those persons listed in Schedule 1, but Schedule 1 was never created. C’s employment contract also contained six month post-termination restrictions pre...
LLP Member Could Bring Whistleblowing Detriment Claim
LLP Member Could Bring Whistleblowing Detriment Claim An LLP member was a worker within the Employment Rights Act 1996 ("ERA") and could therefore bring a claim that she had been subjected to a detri...
Employer Liable for Full Value of Death in Service Benefits
Employer Liable for Full Value of Death in Service Benefits The family of an employee who died shortly after being dismissed could recover the full value of his death in service benefits as part of t...
Homophobic Comments Were Evidence of Discrimination
Homophobic Comments Were Evidence of Discrimination Homophobic comments made by a football club’s shareholder were evidence of discrimination. In Asociaţia ACCEPT v Consiliul Naţional pentru Combatere...
Italian Banker Working in Singapore Not Covered by UK Whistleblowing Protections
...Employment Appeal Tribunal (“EAT”), arguing that a “looser” test should apply to whistleblowing claims. In addition, the employment tribunal had failed to consider what Parliament might have intended...
Employer Wrong to Suspend Employee Without Pay
Employer Wrong to Suspend Employee Without Pay This case of Okuoimise v City Facilities (UK) Ltd concerned a family member of an EU citizen and her right to work in the UK. The EAT held that the expir...
Employee with long COVID was disabled
...Employment Tribunal’s decision The Employment Tribunal disagreed. Under the statutory definition, a person is disabled if they have a physical or mental impairment which has a substantial and lon...
Six Year Time Limit for Equal pay Claims
...employment tribunal is six months from the end of the employment and this cannot be extended. In Birmingham City Council v Abdulla, the claimants brought equal pay claims in the High Court. They were ...