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Showing 487 results for Employment
Whistleblowing disclosures: wrong to distinguish between information and allegations
...Employment Appeal Tribunal (EAT) which warned employment tribunals not to fall into the trap of thinking that an alleged disclosure had to be either an allegation or information, when it may be both. ...
Supreme Court rules criminal record disclosure regime is unlawful
...employment and the criminal record disclosure regime was therefore unlawful. Facts R (on the application of P and others) v Secretary of State for Justice and others is a further challenge to ...
LLP agreements: can a member terminate if the LLP commits a repudiatory breach?
...employment. Any remaining profits, and all capital profits, were allocated to LIS. Under the notice provisions, Mr Flanagan could be required to retire on six months’ notice by the LLP, but the noti...
Disability Discrimination: Expensive adjustments were not reasonable
...employment tribunal has found that FCO did not breach its duty to make reasonable adjustments for Ms Cordell (a deaf senior diplomat) when it withdrew an offer to post her to Kazakhstan. Ms Cordell is...
Sickness during a period of annual leave
...Employment Appeal Tribunal (EAT) was recently asked to consider whether a worker who was absent for a whole year due to sickness forfeited the entitlement to annual leave by failing to submit a reques...
Whistleblowing protection extended by Supreme Court
...employment tribunal, Employment Appeal Tribunal and Court of Appeal all ruled she was not a worker and so could not bring a claim. Instead she was an office holder. Ms Gilham appealed to the Su...
Court of Appeal provides guidance on responding to subject access requests
Court of Appeal provides guidance on responding to subject access requests The Court of Appeal has given important guidance on the obligations of data controllers when responding to subject access req...
Dismissal for cohabiting not religious discrimination
...employment tribunal upheld her claim and the Nursery appealed to the Employment Appeal Tribunal (EAT). Decision The EAT upheld the Nursery’s appeal. Ms De Groen had not been treated less ...
Redundancy: Who goes in the pool?
Redundancy: Who goes in the pool? In Fulcrum Pharma (Europe) Ltd v Bonassera and another, the EAT confirmed that, when deciding who should go in the pool of potentially redundant employees, there are...
Workers Falling Sick During Annual Leave Can Postpone Holiday
Workers Falling Sick During Annual Leave Can Postpone Holiday The ECJ has confirmed that workers who fall sick during a period of annual leave can take their holiday at a later date. In Asociacion Nac...
No Transfer of Directors' Employment under TUPE on Loss of Company’s Sole Contract
...Employment under TUPE on Loss of Company’s Sole Contract Directors of a charity providing services to a single client did not transfer under TUPE when it lost the contract and the client took the serv...
Tribunal Hearing Can Go Ahead in Claimant’s Absence
Tribunal Hearing Can Go Ahead in Claimant’s Absence The right to a fair trial under Article 6 of the European Convention on Human Rights does not mean it will necessarily be unfair to proceed in a par...
Race discrimination: A row about cornrows
Race discrimination: A row about cornrows In G v St Gregory’s Catholic Science College, the High Court concluded that the College’s dress code policy, which prevented boys from having a cornrows ha...
No Protection Against Post-employment Victimisation
...employment victimisation. The claim therefore failed. J appealed to the Employment Appeal Tribunal which upheld the tribunal decision. It noted that the Act expressly protects against post-employmen...
Post-termination Restrictions Agreed During Employment Unenforceable
...employment. In Re-Use Collections Ltd v Sendall, S worked for a family business until it was sold in the 1990s. He had no written employment contract. In October 2012 he was given a draft employment ...
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 ...
Effect of Successful Appeal Against Dismissal
...employment had not transferred under TUPE. The Employment Appeal Tribunal upheld S’s appeal. The tribunal had been wrong to look for a separate decision to reinstate. If an employee’s appeal is su...
Attending Union and Health and Safety Meetings May Count as Working
...employment tribunal ruled that time spent on trade union duties or attending health and safety committee meetings was not “working time” for the purposes of the Working Time Regulations 1998 (“WTR”). ...
Refusing flexible working requests
...Employment Appeal Tribunal overturned an employment tribunal’s decision that an employer who refused an employee’s flexible working request had indirectly discriminated against her on grounds of sex. ...
Volunteer Could Not Bring Disability Discrimination Claim
...employment". Employment was defined as "employment under a contract of service or of apprenticeship or a contract personally to do any work". Similar provisions are now contained in the Equality Act...