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
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
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
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
In G4S Cash Solutions (UK) Ltd v Powell UKEAT/0243/15, the Employment Appeal Tribunal (EAT) considered whether reducing an employee’s pay amounted to disability discrimination.
Mr Powell could longer perform his role as...more
In CT Plus (Yorkshire) CIC v Black and others UKEAT/0035/16, the Employment Appeal Tribunal (EAT) considered whether TUPE applied when a park-and-ride service was changed.
Hull City Council engaged a bus company called...more
Following a consultation on the taxation of termination payments launched in summer 2015, the U.K. government has proposed a number of measures intended to take effect in April 2018, including: -
Making all payments in...more
In Phoenix House Ltd v Stockman UKEAT/0264/15, the Employment Appeal Tribunal (EAT) considered whether the ACAS Code of Practice on Disciplinary and Grievance Procedures (Code) applies to dismissals for “some other...more
In Achbita v G4S Secure Solutions NV (Case C-157/15) and Bougnaoui v Micropole SA (Case C-188-15), two Advocate Generals (AG) of the European Court of Justice provided conflicting opinions when considering whether bans on...more
In R (Hottak and another) v The Secretary of State for Foreign and Commonwealth Affairs [2016] EWCA Civ 438, the Court of Appeal considered the territorial reach of U.K. discrimination legislation.
The claimants were two...more
In Geller v Yeshurun Hebrew Congregation UKEAT/2016/0190, the Employment Appeal Tribunal (EAT) considered the concept of subconscious discrimination under U.K. discrimination law.
Mr and Mrs Geller worked for the...more
In Gibbs v Leeds United Football Club Ltd [2016] EWHC 960 (QB), the High Court considered whether changes to an employee’s duties amounted to a fundamental breach of contract entitling him to bring a claim for constructive...more
In Harron v Dorset Police UKEAT/0234/15/DA, the Employment Appeal Tribunal (EAT) considered the scope of "philosophical belief" for the purposes of U.K. discrimination law.
Mr Harron worked for the Dorset police force....more
In Secretary of State for Justice v Windle and Arada [2016] EWCA Civ 459, the Court of Appeal considered whether the absence of mutuality of obligation between assignments was relevant in determining an individual’s...more
In McBride v Scottish Police Authority [2016] UKSC 27, the Supreme Court considered whether an Employment Tribunal had been wrong to order the reinstatement of an employee on restricted duties.
The Employment Tribunal...more
In Nayak v Royal Mail Group Ltd UKEATS/0011/15, the Employment Appeal Tribunal (EAT) considered whether the dismissal of an employee who had failed to provide evidence of his right to work in the U.K. was fair.
Mr Nayek...more
In Garamukanwa v Solent NHS Trust UKEAT/0245/15, the Employment Appeal Tribunal (EAT) considered whether an employee had a reasonable expectation of privacy in respect of material on his mobile phone during disciplinary...more
In the continuing litigation on holiday pay, the Employment Appeal Tribunal (EAT) in British Gas Trading Ltd v Lock UKEAT/0189/15 has confirmed that U.K. law should be interpreted in line with EU law which requires commission...more
In Metroline West Ltd v Ajaj UKEAT/0185/15/RN, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal of an employee who had exaggerated his sickness.
Mr Ajaj was employed as a bus driver for...more
In Bartholomews Agri Food Ltd v Thornton [2016] EWHC 648 (QB), the High Court considered whether a non-compete post-termination restriction was an unlawful restraint of trade.
Bartholomews Agri Food Ltd (Bartholomews)...more
In Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust UKEAT/0267/15/RN, the Employment Appeal Tribunal (EAT) considered whether there could be a service provision change under TUPE where only part...more
The Supreme Court in Mohamud v WM Morrison Supermarkets Plc [2016] UKSC 11 considered whether an employer was liable for an assault committed by one of its employees on a customer.
Mr Khan worked at a petrol station...more
The annual increases in compensation will take effect on 6 April 2016. The most notable changes are as follows:
- The limit on a week’s pay for the purposes of calculating statutory redundancy payments and the basic...more
The U.K. Budget 2016 was announced in March 2016. It sets out a series of noteworthy employment-related measures, including the following:
- With effect from 1 April 2016, the new “National Living Wage” will be...more
Donkor v Royal Bank of Scotland UKEAT/0162/15 considered the appropriate comparator in direct age discrimination cases.
Mr Donkor’s employer, the Royal Bank of Scotland (RBS), underwent a restructuring in 2012. As part...more