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Supreme Court Rules on Indirect Discrimination Test

In the joint cases of Essop and others v Home Office (UK Border Agency) and Naeem v Secretary of State for Justice [2017] UKSC 27, the U.K. Supreme Court examined the test for establishing indirect discrimination....more

Effective Date of Termination Notice Sent by Post

In Newcastle Upon Tyne NHS Foundation Trust v Haywood [2017] EWCA Civ 153, the Court of Appeal (CA) looked at when a notice of termination sent by post takes effect. Ms Haywood’s employment became at risk of redundancy...more

Determining Employment Status

In Capita Translation & Interpreting Limited v Siauciunas [2017] UKEAT 0181_16_2302, the Employment Appeal Tribunal (EAT) considered the employment status of an interpreter. Mr Siauciunas was an interpreter for Capita...more

What Constitutes a Service Provision Change Under TUPE?

The Employment Appeal Tribunal (EAT)’s decision in Tees Esk & Wear Valleys NHS Foundation Trust v Harland [2017] UKEAT 0173_16_0303 sheds new light on the factors to consider in determining whether there has been a service...more

Raising Rates: Tribunal Compensation Limits and National Minimum Wage 2017

The annual increases in compensation in the employment tribunals will take effect on 6 April 2017. The new rates apply where the event giving rise to the compensation (such as the termination of employment) occurs on or after...more

In the "Gig Economy": When Is a Contractor Not a Contractor?

Pimlico Plumbers Ltd & Anor v Smith [2017] EWCA Civ 51 is the latest in a series of recent cases before the U.K. courts regarding employment status in the “gig economy”. In this case, the Court of Appeal considered whether an...more

Exploring the Limits of Compliance With a Data Subject Access Request

Holyoake v Candy and another [2017] EWHC 52 (QB) saw the U.K. High Court look into the issue of compliance with a data subject access request (DSAR). The parties in this case were already involved in high-value court...more

4/3/2017  /  Directors , Discovery , Email , UK

Countdown to Brexit: How Businesses Can Prepare

In the coming days, the U.K. government is expected to formally notify the European Council of its intention to withdraw from the European Union under Article 50 of the Treaty on European Union. Formal notification will start...more

Mobility Clause in Redundancy Situation

The Employment Appeal Tribunal (EAT) in Kellogg Brown & Root (UK) Ltd v (1) Fitton UKEAT/0205/16 and (2) Ewer UKEAT/0206/16 considered whether two employees had been unfairly dismissed for redundancy when they refused to...more

Does Long-Term Stress Amount to a Disability?

The Employment Appeal Tribunal (EAT) in Herry v Dudley Metropolitan Council UKEAT/0100/16/LA considered whether an employee’s long-term stress made him disabled for the purposes of U.K. disability discrimination law. Mr...more

Can Gross Negligence Constitute Gross Misconduct?

The Court of Appeal (CA) in Adesokan v Sainsbury's Supermarkets Ltd [2017] EWCA Civ 22 considered whether an employee’s failure to act constituted gross misconduct. Mr Adesokan, a long-serving regional manager at a...more

Latest "Gig Economy" Case: Courier Held to Be a Worker

In the latest in a string of cases concerning the employment status of those working in the “gig economy”, the Employment Tribunal in Dewhurst v City Sprint UK Ltd ET2202512/2016 considered whether a courier was a worker or a...more

Can Expired Warnings Be Taken Into Account When Deciding Whether to Dismiss?

In Stratford v Auto Trail VR Ltd UKEAT/0116/16, the Employment Appeal Tribunal (EAT) considered whether an employer could take into account expired warnings when deciding whether to dismiss an employee. Mr Stratford held...more

Gender Pay Gap Reporting: Are You Compliant?

The long-awaited rules on gender pay reporting are expected to come into force in April 2017. The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 apply to all U.K. private and voluntary sector employers with...more

Can Rest Breaks Be ‘Refused' Even If Not Requested?

The Employment Appeal Tribunal (EAT) in Grange v Abellio London Ltd [2016] UKEAT/0130/16/DA Ltd considered whether an employee must ask for a rest break before claiming to have been refused one. Mr Grange was employed by...more

Assault Following Christmas Party – Was Employer Liable?

The High Court in Bellman v Northampton Recruitment [2016] EWHC 3104 (QB) considered whether an employer was vicariously liable for an assault by a managing director after a work Christmas party. Following a work...more

European Court of Justice: Can Temporary Incapacity of an Unknown Duration Constitute a Disability?

The European Court of Justice (ECJ) in Mohamed Daouidi v Bootes Plus S.L. (Case C-395/15) (2015/C 354/22) considered whether the dismissal of a worker due to temporary incapacity (but of unknown duration) could constitute...more

Uber Drivers Are Workers, Not Self-Employed Contractors

In the case of Aslam and others v Uber BV ET/2202550/15, the Employment Tribunal considered the employment status of Uber drivers. Uber drivers brought a claim in the Employment Tribunal, alleging that they were workers,...more

Unfair Dismissal and Appropriateness of Final Written Warning

In Bandara v British Broadcasting Corporation UKEAT/2016/0335/15/JOJ, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal where the employer had relied on a previous final written warning which was...more

Enforceability of Restrictive Covenants in Transactional Agreements

In Rush Hair Ltd v Gibson-Forbes [2016] EWHC 2589, the High Court considered the enforceability of two-year restrictive covenants contained in a share purchase agreement. Rush Hair Ltd (Rush), a chain of hairdressing...more

Breaking Brexit News: High Court Decision Carries Potentially Historic Implications

On November 3, 2016, the High Court handed down potentially the U.K.’s most significant constitutional decision of the century. The Court determined that the Government cannot trigger Article 50 of the Lisbon Treaty without...more

Court of Appeal Decision in Lock: Holiday Pay Should Include Commission

The Court of Appeal has given its much anticipated decision in British Gas Trading Ltd v Lock A2/2016/1163. Confirming the earlier decision of the Employment Appeal Tribunal, the Court of Appeal has held that U.K. law should...more

Discrimination: Sexual Orientation vs Religious Belief

In the case of Lee v Ashers Baking Co Ltd [2016] NICA 39, the Northern Ireland Court of Appeal considered how to treat competing characteristics protected under anti-discrimination law, namely sexual orientation and religious...more

TUPE: Service Provision Change

In Salvation Army Trustee Company v Bahi UKEAT/0120/16, the Employment Appeal Tribunal (EAT) considered the correct approach to determining whether activities carried out before and after a service provision change under TUPE...more

Can an Expatriate Employee Bring a Claim in the U.K.?

In Jeffery v The British Council UKEAT/0036/16, the Employment Appeal Tribunal (EAT) considered whether an expatriate employee could bring claims under U.K. employment legislation. Mr Jeffery was employed by a public...more

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