Search
Showing 487 results for Employment
Post-termination losses recoverable in pre-dismissal detriment claim
...employment tribunal struck out his claim that the LLP’s actions entitled him to resign and struck out his claim for the resulting post-termination losses. He appealed to the Employment Appeal Tribunal...
Supreme Court Rules Employment Tribunal Fees Unlawful
...Employment Tribunal Fees Unlawful The Supreme Court has ruled that Employment Tribunal and Employment Appeal Tribunal fees are unlawful as they prevent access to justice and are indirectly discriminat...
Injury to feelings compensation for a redundancy tainted by age discrimination should have been taxed
...employment, it is taxable under s401 ITEPA. However, where compensation is paid for injury to feelings in respect of acts of discrimination occurring during employment, it is not taxable. When drawi...
How do Permanent Health Insurance pay outs affect discrimination compensation?
...employment tribunal had been correct not to reduce an employee’s losses by the full amount of Permanent Health Insurance payments he was receiving in circumstances where the Permanent Health Insurance...
TUPE Applies to Sales by Administrators
...employment contracts do not transfer on a sale of the assets. ‘Non-terminal’ proceedings are those where the primary aim is the rescue of the business. In such cases, employees will transfer but there...
Suggestion Employee was “Playing the Race Card” was Direct Race Discrimination
...employment tribunal and EAT agreed. M had said nothing which suggested he was raising race as an issue. A acted as he did because of a stereotypical assumption that a black employee complaining abou...
Wide Non-Solicitation Covenant Enforced
...employment had been a customer of the company if the purpose was to solicit business which could have been undertaken by the company. The High Court held that the restriction was enforceable.&n...
Woolworths Collective Redundancy Case Referred to ECJ
Woolworths Collective Redundancy Case Referred to ECJ The Court of Appeal has heard the appeal in the case of USDAW v Ethel Austin Ltd (in administration) and another on whether employers must underta...
Employer did not breach implied duty of faith by making changes to its pension scheme
Employer did not breach implied duty of faith by making changes to its pension scheme The Court of Appeal has ruled that IBM did not breach its implied duty of good faith to members by making changes ...
Police officer refused transfer wins discrimination claim based on perceived disability
...employment tribunal upheld her claim and the Employment Appeal Tribunal rejected the police force’s appeal. The Acting Chief Inspector perceived that Ms Coffey had a disability in the sense of a progr...
End of the road for Uber: Supreme Court rules Uber drivers are workers
...employment tribunal’s decision that Uber drivers are workers entitled to the National Minimum Wage, paid holiday and other worker protections. Employment tribunal rules drivers are workers In As...
Disability Discrimination: Is continuing discretionary sick pay a reasonable adjustment?
Disability Discrimination: Is continuing discretionary sick pay a reasonable adjustment? The EAT has provided useful guidance as to when extending discretionary sick pay will be a reasonable adjustmen...
Dismissal: Dismissals linked to illegal working
Dismissal: Dismissals linked to illegal working A new Employment Appeal Tribunal (EAT) case has been decided which gives an indication of the Tribunal’s approach to dismissals linked to illegal workin...
Transferee May be Bound by Post-transfer Changes to Collective Agreements
...employment tribunal, Employment Appeal Tribunal and the Court of Appeal, the case came before the Supreme Court. The Supreme Court asked the ECJ for clarification and the Advocate-General has now giv...
EAT Gives Guidance on HR’s Role in Disciplinary Investigations
...Employment Appeal Tribunal (EAT). The EAT overturned the tribunal decision and remitted the case back to the employment tribunal. A previous decision of the Supreme Court (Chhabra v West London Menta...
Morrisons loses appeal in personal data breach case
...employment. Morrisons appealed to the Court of Appeal. Decision The test for vicarious liability required a consideration of whether Mr Skelton’s actions fell within the “field of activities”...
Contractual Documentation Helped to Show Service Provision Change
Contractual Documentation Helped to Show Service Provision Change An employment tribunal was entitled to take account of contractual documentation when deciding that activities carried out before an...
Whistleblowing disclosures: allegation of defamation tended to show breach of a legal obligation
Whistleblowing disclosures: allegation of defamation tended to show breach of a legal obligation The Employment Appeal Tribunal has ruled that an employee who alleged that he was being defamed by rumo...
Disability Discrimination: Comparators in Discrimination Claims
...employment field as well as to housing cases. The comparator being: “someone who had behaved in the same way as the person concerned, but [who] did not suffer from that person's disability”. The Ma...
Dismissal for disclosing confidential information unfair
...employment tribunal upheld his claim, finding that Citibank had not carried out a reasonable investigation and did not have reasonable grounds for dismissing for misconduct. As a regulated individual...