In Cairns v The Royal Mail Group Ltd, the UK EAT held that the possibility of delaying a disabled employee’s dismissal pending a reorganisation was relevant to whether his dismissal was justified. Although the employee was...more
Alongside the constant stream of election related news, there were two EAT decisions in June, dealing with “pool of one” redundancies and ill-health dismissals, which will be of interest. In future, there will be further...more
April was a smorgasbord of developments, with a UK Supreme Court case on detriments and industrial action and two EAT decisions on international jurisdiction. In Parliament, another family-friendly bill is proceeding with...more
In March the government confirmed that changes to paternity leave, additional redundancy protection for pregnant employees and new parents and the right to carer’s leave will come into force in April as planned. We’re...more
An employee is protected against being dismissed or subjected to a detriment because they took or sought to take parental leave. The issue for the UK EAT in Hilton Foods Solutions Ltd v Wright was whether an employee had...more
In the run-up to Christmas, the government confirmed how carer’s leave and new protection against redundancy for pregnant employees and new parents will work. It announced changes to paternity leave in January and said that...more
Employers have to make reasonable adjustments if they apply a provision, criterion or practice that puts someone with a disability at a particular disadvantage. The duty only applies if the employer knows or could reasonably...more
In Hilaire v Luton Borough Council, the UK EAT found that it was not a reasonable adjustment simply to slot a disabled employee into a new organisational structure as part of a redundancy exercise. Although this would have...more
The UK’s Supreme Court has confirmed that “part year” workers are entitled to 5.6 weeks’ holiday. Their holiday entitlement should not be pro-rated to reflect their actual hours of work, even though this means that they get...more
Dismissing an employee for long term sickness absence could be discrimination arising from a disability if an employer cannot show that the dismissal is objectively justified. The recent UK EAT decision in Department for Work...more
In INEOS Infrastructure Grangemouth Ltd v Jones, the EAT in Scotland found that it was an unlawful inducement relating to collective bargaining for an employer to make a unilateral pay award to employees after pay...more
Overturning a decision of the EAT, in Mercer v Alternative Future Group Ltd the Court of Appeal for England and Wales found that private sector workers are not protected against being subjected to a detriment by their...more
In Smith v Pimlico Plumbers Ltd the Court of Appeal for England and Wales allowed a worker to carry forward statutory holiday he had accrued during the course of his employment, which he had taken but not been paid for, until...more
In Walsh v Network Rail Infrastructure Ltd the UK EAT found that an employee had not agreed to an extension to the normal three month time frame for deciding flexible working requests when he agreed to attend an appeal...more
In Stuart Delivery Ltd v Augustine, the UK Court of Appeal confirmed that a courier who could offer a time slot he had signed up to cover to other couriers was still obliged to perform work personally. This meant that he was...more
In Gwynedd Council v Barratt the UK Court of Appeal confirmed that a redundancy dismissal will not be unfair solely because an employer has not offered an employee a right to appeal. However, failing to offer an appeal...more
In Aleem v E-Act Academy Trust the UK EAT decided that it was not a reasonable adjustment to continue to pay an employee at her previous higher rate when she moved to a different lower-paid job because of a disability....more
The UK Supreme Court decision in Royal Mail Group Ltd v Efobi confirms that employees must still prove facts from which a tribunal could draw an inference of discrimination before their claim can proceed, despite a change of...more
7/28/2021
/ Burden of Proof ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equality Act ,
Evidence ,
International Labor Laws ,
Race Discrimination ,
UK ,
UK Employment Appeal Tribunal ,
UK Supreme Court
Managing an employee who has persistent short or medium term ill-health absence is difficult for an employer. Dismissing an employee whose attendance is unlikely to improve may be fair, but this will often depend on medical...more
In this weeks issue: Who knew? Women less likely to be able to accommodate certain working patterns Spring in the step - Deliveroo riders not workers for trade union recognition Going, going, gone - final edition of the...more
If not now then when? Tribunal should have identified when jurisdiction established -
An employment tribunal only has jurisdiction to hear claims under the Employment Rights Act 1996 and Equality Act 2010 if the claimant...more
Narrow escape - limited waiver of privilege decision upheld In Watson v Hilary Meredith Solicitors Ltd the EAT reaffirmed the correct approach to waiver of privilege. A tribunal was entitled to find that a respondent had...more
Cashiered – supermarket staff succeed in Supreme Court -
To bring an equal pay claim, an employee has to point to a comparator of the opposite sex doing like work, work rated as equivalent or work of equal value. If the...more
4/12/2021
/ Adoption ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Equal Pay ,
Holiday Pay ,
International Labor Laws ,
Parental Leave ,
Sex Discrimination ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour
Split the difference - CJEU decision on fragmentation applies to service provision changes -
When a contract is retendered, services that were originally provided by a single contractor may be divided between two or more...more
Employment newsletter In this weeks issue: Beating around the bush – disclosure did not have to identify legal obligation Gone fishing – disclosure in equal pay claims All change – tribunal limits and pay gap reporting ...more