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Showing 487 results for Employment
Tribunal Wrong to Subject Employer’s Redundancy Scoring to Detailed Analysis
...employment tribunal is not normally permitted to subject an employer’s redundancy scores to detailed analysis and should not “re-mark” employees. It must be remembered, however, that a tri...
Dismissal for Refusing to Comply with Mobility Clause Unfair
...employment. Kellog appealed. Decision The Employment Appeal Tribunal (EAT) agreed with Kellog that its reason for dismissal was not redundancy. Although there may have been a redundancy situation, th...
Discriminatory pay policy justified by need to balance books
...employment tribunal claim for indirect age discrimination, arguing that the policy indirectly discriminated against the under 50s. Tribunal rules pay policy not unlawful The employment t...
Workers Not Entitled to Compensation Uplift
...employment. In coming to its decision, the EAT commented that “employment law does not always follow a logical course”. Employees bringing discrimination and whistleblowing claims will be able to cla...
No Implied Duty to Disclose Allegations of Misconduct
...employment tribunal agreed that his dismissal was unfair. The employer appealed unsuccessfully to the Employment Appeal Tribunal. There was no express contractual obligation requiring Mr Amadi to dis...
Sex Discrimination: Referees Beware!
...employment on receipt of the reference (this also amounted to victimisation). It was found that the reason for providing the poor reference was because Ms Bullimore had previously pursued a claim of ...
Post-Termination Victimisation Unlawful under Equality Act
...employment has terminated is unlawful under the Equality Act 2010. Due to the drafting of the relevant provisions of the Equality Act, the question of whether it protects against post-employment victi...
The importance of adapting contracts for overseas employees
...employment contract of an overseas employee states that it is governed by UK law is a factor that an employment cannot ignore when considering whether it has jurisdiction to hear an employee’s unfair ...
Employer Not Obliged to Pay for Untaken Flexi-hours on Termination
Employer Not Obliged to Pay for Untaken Flexi-hours on Termination A tribunal should not have implied a term into a dismissed employee’s employment contract that he was entitled to be paid for unused ...
When are dismissal notices effective?
...employment tribunal is considering the effective date of termination of an employee’s employment (EDT), in order to work out if they have the two years’ service needed to bring an unfair dismissal cla...
PHI: Holiday is not payable for those who agree to PHI
...employment came to an end by reason of her retirement. This was broadly for two reasons: On termination, RCN made a payment in lieu of the statutory holiday she had accrued for the current leave ...
Fiduciary Duties: Accounting for secret profits
...employment. Mr Docherty did not disclose his 50% shareholding in a company which provided services to Samsung and actively ensured that Samsung would continue to do business with his company by ...
Ethical veganism is a protected belief
...employment tribunal conclude? In Casamitjana Costa v League Against Cruel Sports, the employer accepted that Mr Casamitjana Costa's belief in ethical veganism was protected. However, the e...
No Unfair Dismissal Where Employees Re-disciplined
...employment tribunal’s decision that the dismissals were fair. The fact that an employee’s misconduct has been considered under two sets of internal disciplinary proceedings, with a lesser sanction gi...
Lack of interim relief remedy for discrimination claims may be unlawful
...Employment Appeal Tribunal agreed, particularly due to the lack of Government intervention to justify why interim relief is not provided as a remedy in the Equality 2010. However, the Employment Appea...
Record-breaking £4.5 Million Discrimination Award
Record-breaking £4.5 Million Discrimination Award The Leeds Employment Tribunal has awarded record-breaking compensation of 4.5 million pounds to Dr Eva Michalak following a campaign of sex and race d...
Failing to conduct appropriate risk assessment for breastfeeding mothers is sex discrimination
Failing to conduct appropriate risk assessment for breastfeeding mothers is sex discrimination Speedread When assessing health and safety risks for a breastfeeding mother, the employer must assess th...
Dismissal for Admitted Misconduct was Victimisation
Dismissal for Admitted Misconduct was Victimisation An employee ostensibly dismissed for knowingly using non-kosher jam to make cakes at a kosher bakery was unfairly dismissed and victimised. In Car...
Change to burden of proof in discrimination claims
...Employment Appeal Tribunal (EAT). Judgment The EAT ruled that the employment tribunal should not have required Mr Efobi to prove facts from which it could infer discrimination. There is no in...
Enhancing maternity pay but not shared parental pay is not direct sex discrimination
...employment tribunal upheld his claim but the Employment Appeal Tribunal (EAT) has now overturned the tribunal’s decision. When comparing the treatment of a man and a woman in a case of se...