Family benefits and discrimination -
In this edition of our Global Employment Law Update we look at the provision of different types of maternity, paternity and family leave across the jurisdictions, highlighting areas...more
Uplifting – injury to feelings compensation must be increased by 10% -
After a number of conflicting decisions in the EAT, the Court of Appeal has confirmed that injury to feelings discrimination compensation awarded in...more
Don’t look now – European Court decides monitoring employee's email account did breach privacy right -
In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more
9/11/2017
/ Appeals ,
Disability Discrimination ,
Email Policies ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
EU ,
European Court of Human Rights ,
Health Insurance ,
Hiring & Firing ,
Right to Privacy
Compare and contrast – pension based on hours reduced because of disability was not discriminatory -
The Court of Appeal has upheld the EAT decision in Williams v The Trustees of Swansea University Pension & Assurance...more
Breaking up is (not always) hard to do – transfer of part of service capable of being a TUPE service provision change -
In Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust the EAT decided that...more
You cannot be serious – application for injunction refused -
In NIIT Technologies Ltd v Chaturvedi the High Court turned down an application to enforce a non-solicitation of employees covenant, on the basis that there was...more
Keep it for later – European Court's Advocate General issues Opinion that the right to paid leave can be carried over if employer has not offered it -
According to the preliminary Opinion of the European Court in The Sash...more
6/12/2017
/ Adverse Employment Action ,
Disability ,
Disability Discrimination ,
Discrimination ,
Employment Contract ,
Employment Litigation ,
Employment Tribunals ,
Equality Act ,
EU ,
Hiring & Firing ,
Non-Compete Agreements ,
Paid Leave ,
Restrictive Covenants ,
UK ,
Wage and Hour
Not all in a day's work – strikes and pay deductions -
The Supreme Court in Hartley v King Edward VI College has ruled on how a day's pay should be calculated when making deductions from the pay of teachers who took part...more
Cards on the table – employment manifesto pledges issued -
The Conservatives, Labour Party and Liberal Democrats have all confirmed in their manifestos that pre-Brexit EU employment rights will be maintained and that gig...more
Wrong answer – applicant should have been allowed an alternative to multiple choice test -
The EAT in Government Legal Service v Brookes found that a job applicant with Asperger's had been unlawfully discriminated...more
5/15/2017
/ Arbitration ,
Bargaining Units ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Job Applicants ,
UK ,
UK Employment Appeal Tribunal ,
Unions ,
Whistleblowers
Self-employment and the gig economy laid bare – Parliamentary Committee calls for changes to employment status -
The Work and Pensions Parliamentary Committee inquiry into self-employment and the gig economy has...more
5/8/2017
/ Employee Definition ,
Employer Liability Issues ,
Employment Tribunals ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Maternity Leave ,
Misclassification ,
Pregnancy Discrimination ,
UK ,
Wage and Hour
Taking the long view – potential nine month restriction for broker upheld -
In Tradition Financial Services Ltd v Gamberoni the High Court has upheld six month non-compete and non-solicitation covenants, despite...more
In this edition of our Global Employment Law Update we look at the effects of the rapid growth of the "gig" economy across the jurisdictions. There have been significant case law and legislative responses, particularly on...more
4/21/2017
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employee Definition ,
Employer Liability Issues ,
France ,
Germany ,
Gig Economy ,
Independent Contractors ,
Italy ,
Netherlands ,
South Africa ,
Spain ,
Temporary Employees ,
UK ,
Wage and Hour
One for all – no need to prove the reason for group disadvantage for indirect discrimination claim -
The Supreme Court in Essop v Home Office has allowed the claimants' appeal against the Court of Appeal's rejection of...more
Plus ça change… - the employment law implications of the Great Repeal Bill -
The government published its white paper "Legislating for the UK's withdrawal from the EU" last week. The employment law consequences of Brexit...more
4/3/2017
/ Court of Justice of the European Union (CJEU) ,
Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Equality Act ,
EU ,
European Communities Act ,
Proposed Legislation ,
TUPE ,
UK ,
UK Brexit
Lack of communication – contractual dismissal notice only took effect when received -
In Newcastle Upon Tyne NHS Foundation Trust v Haywood the Court of Appeal has decided that contractual notice of dismissal only took...more
3/27/2017
/ Appeals ,
Contract Terms ,
Discrimination ,
Employee Misconduct ,
Employment Litigation ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Investigations ,
Pay Gap ,
Reporting Requirements ,
Termination ,
UK Employment Appeal Tribunal ,
Wage and Hour
Last minute decider – incapacity dismissal without considering new evidence was disability discrimination -
The Court of Appeal in O'Brien v Bolton St Catherine's Academy has reinstated a Tribunal decision that the...more
3/21/2017
/ Appeals ,
Ballots ,
Disability Discrimination ,
Discrimination ,
Dress Codes ,
Employment Litigation ,
European Court of Justice (ECJ) ,
Fitness for Duty Exams ,
Hiring & Firing ,
Religious Clothing ,
Religious Discrimination ,
UK ,
UK Employment Appeal Tribunal
Don't ask, don't get – data subject access requests and litigation -
The Court of Appeal has provided further guidance on responding to data subject access requests made in the context of litigation – in this case...more
3/13/2017
/ Appeals ,
Data Subjects Rights ,
Disclosure ,
Employment Litigation ,
Hiring & Firing ,
Sex Discrimination ,
TUPE ,
UK ,
UK Data Protection Act ,
UK Employment Appeal Tribunal ,
Wrongful Termination
Missing the jackpot – High Court awards nominal damages for breach of confidentiality -
Marathon Asset Management LLP v Seddon arose out of a team move from an investment management business (MAM). Prior to leaving...more
3/6/2017
/ Appeals ,
Breach of Contract ,
Confidentiality Agreements ,
Disability Discrimination ,
Disciplinary Proceedings ,
Discrimination ,
Harassment ,
Race Discrimination ,
Surveillance ,
UK ,
UK Employment Appeal Tribunal
Springing into action – start date for Trade Union Act -
The Trade Union Act 2016 will come into force on 1 March 2017. The new rules apply to any industrial action for which the ballot opens (by sending out voting...more
2/21/2017
/ Appeals ,
Bargaining Units ,
European Convention on Human Rights ,
Hiring & Firing ,
Human Rights ,
Pharmacist ,
Right to Picket ,
Right to Strike ,
Trade Unions ,
UK ,
UK Employment Appeal Tribunal ,
Unions ,
Work Schedules
The UK Court of Appeal confirmed on 18 January that an employee was not entitled to any compensation from his employer for the income generated by his patented inventions, as the returns did not amount to an “outstanding...more
Flesh on the bones? Pay gap reporting guidance published -
When the draft Gender Pay Gap Reporting Regulations (the Regulations) were published in December 2016, the government promised further guidance to help employers...more
2/6/2017
/ Equal Pay ,
Fees ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Maternity Leave ,
Paternity Leave ,
Pay Equity Laws ,
Pay Gap ,
Pregnancy ,
Pregnancy Discrimination ,
Sex Discrimination ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour
Change of plan – redundancy four months after TUPE transfer was for ETO reasons -
The claimant in Davies v Droylsden Academy was a venue lettings manager for a company which provided premises services for schools. She...more