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Showing 487 results for Employment
Employer vicariously liable for employee’s personal data breaches
...employment. The judge rejected Morrisons’ argument that Mr Skelton’s disclosure of the data on the internet was disconnected by time, place and nature from his employment. Morrisons had specifi...
Serial Litigants: The tide is turning
Serial Litigants: The tide is turning In February 2010, The Times newspaper reported the antics of John Berry, aged 54. He apparently scours the internet for discriminatory job adverts calling for a...
Gay head teacher succeeds in unfair dismissal and discrimination claims due to biased disciplinary process
...Employment Appeal Tribunal (EAT). Decision The EAT upheld the employment tribunal’s decision. The tribunal had been wrong to find that Mr Aplin had affirmed the contr...
Redundancy Selection and Parental Leave
Redundancy Selection and Parental Leave The ECJ has been asked to consider how an employer should conduct redundancy selection where a potentially redundant employee is returning from parental leave....
Supreme Court rules Pimlico plumber was a worker, not self-employed
...Employment Appeal Tribunal and Court of Appeal and then appealed to the Supreme Court. Decision The Supreme Court ruled that the employment judge had been entitled to conclude that Mr Smith wa...
Bankers Entitled to Share of EUR400m Bonus Pool
Bankers Entitled to Share of EUR400m Bonus Pool An employer’s announcement to employees of a guaranteed minimum bonus pool of EUR400 million, to be allocated on a discretionary basis according to ind...
Woolworths Landmark Collective Redundancy Consultation Case: Written Judgment Published
Woolworths Landmark Collective Redundancy Consultation Case: Written Judgment Published The EAT’s written judgment in USDAW and others v WW Realisation 1 Ltd (in liquidation) and another has now bee...
No Uplift if Grievance Not in Writing
...employment tribunal found that the kissing and touching incident was a mild form of sexual harassment which made O feel “uncomfortable”. The belt incident was direct sex discrimination and harassmen...
Office-working requirement discriminated against carer
...employment tribunal decision and so other employment tribunals do not have to follow it. However, employers need to be aware that working practices may disadvantage not just those with a protected ch...
Employer entitled to calculate ill-health pension by reference to part time salary
...employment tribunal upheld the claim, finding that he had been treated unfavourably because of something arising in consequence of his disability (his part time hours). However, the Employment Appeal ...
Termination payments: What does ex-gratia mean?
...Employment Tribunal. The Employment Appeal Tribunal confirmed on appeal that there was no reason to believe that the payment was anything other than a gift as it was described as being an “ex-gr...
High Court Orders Destruction of Confidential Information on Defendants’ Computers
High Court Orders Destruction of Confidential Information on Defendants’ Computers The High Court has ordered the destruction of any confidential information found on electronic devices and computers ...
Asserted Disability Insufficient for Disability Harassment Claim
...employment tribunal agreed and upheld his claim, ruling that that informing him of the covert surveillance was disability harassment. It also upheld his victimisation claim. Decision The Employment ...
Type 2 Diabetes May Be a Disability
...Employment Appeal Tribunal has ordered an employment tribunal to consider whether a person suffering from Type 2 diabetes was disabled on the basis that he suffered from a progressive condition. Speed...
Raising Non-Urgent Concerns with Employee on Sick Leave Breached Implied Term of Trust and Confidence
...Employment Appeal Tribunal dismissed PMI’s appeal. The employment tribunal had been entitled to find that PMI had, without reasonable and proper cause, conducted itself in a manner likely to damage o...
Obese People May Be Disabled, European Court Rules
...employment, he had a BMI of 54, categorising him as Class III obese (or severe, extreme or morbidly obese) under the World Health Organisation classification. K claimed he was dismissed because of his...
National Minimum Wage: Deduction from Salary for Training Costs
...employment tribunal. The tribunal found that the deduction could be ignored by reason of Regulation 33(a) National Minimum Wage Regulations which provides that “any deduction in respect of conduct ...
European Court Confirms Employers Can Count Redundancies on a Per Establishment Basis
...employment tribunals upheld USDAW’s claims and protective awards were made. However, employees working in stores with fewer than 20 employees were excluded on the basis that the UK legislation only re...
Early Conciliation Certificate Covered Constructive Dismissal Occurring After Certificate Issued
...employment tribunal disagreed. The employer appealed, arguing that a claimant should not be able to raise in their claim form any cause of action occurring after the date of the early conciliation cer...
£19,500 Harassment Compensation for “Vulnerable” Zero Hours Worker
...employment tribunal took into account her vulnerability and the perfunctory nature of the employer’s investigation of her grievance. In Southern v Britannia Hotels Ltd, S was a waitress working in a ...