One size doesn’t fit all – non-compete unreasonable and void -
In Quilter Private Client Advisers v Falconer the High Court found that a nine month non-compete covenant was in restraint of trade and void. The case is a...more
There has been a lengthy debate in the courts about the extent to which an employer can rely on cost considerations when seeking to justify a provision, criteria or practice that is potentially indirectly discriminatory. In...more
Although the government’s Job Retention Scheme (JRS) was initially expected to close on 31 October 2020, on 5 November 2020 the government announced that it would remain in place in some form until the end of March 2021 (the...more
Tell me more – ICO publishes detailed subject access guidance -
The ICO has published detailed guidance for handling subject access requests. This is relevant to employers responding to subject access requests from...more
11/5/2020
/ Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
Data Protection ,
EU ,
Furloughs ,
Hiring & Firing ,
Infectious Diseases ,
Information Commissioner's Office (ICO) ,
International Labor Laws ,
Job Retention Schemes ,
Personal Data ,
Subject Access Request (SAR) ,
UK ,
UK Brexit ,
Withdrawal Agreement
Only joking – employer not vicariously liable for practical joke -
In Chell v Tarmac Cement and Lime Ltd employees of Roltech Engineering were contracted to work alongside Tarmac employees at a site, resulting in some...more
On 24 September 2020 the UK government announced its Job Support Scheme (JSS), which will open on 1 November when the current Job Retention Scheme (JRS) comes to an end. It will run for six months until the end of April 2021....more
If it ain't broke – material factor still explained pay disparity after job evaluation -
Employers have a defence to an equal pay claim if they can show that a difference in pay between an employee and their comparator is...more
9/16/2020
/ Data Breach ,
Data Collection ,
Employer Liability Issues ,
Equal Pay ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
International Labor Laws ,
Pay Equity Laws ,
Pay Gap ,
Redundancy Dismissals ,
UK ,
Wage and Hour
Way ahead – Roadmap for employment tribunals published:
The Presidents of the Employment Tribunals have published a roadmap outlining a plan for increasing the number of employment tribunal hearings that can take place...more
Motive matters -
Employer not liable for rogue employee's data breach -
The Supreme Court confirmed that an employer was not vicariously liable for a data breach carried out by an employee as a personal vendetta against the...more
What's in a name? Return to work was a return to employee's old role -
In ICTS (UK) Ltd v Visram the Court of Appeal confirmed that an employee was entitled to receive long term disability benefit until he was able to...more
3/10/2020
/ Age Discrimination ,
Breach of Contract ,
Disability Discrimination ,
Disability Leave ,
Employment Litigation ,
Former Employee ,
International Labor Laws ,
Leave of Absence ,
Legal Advice ,
PHI ,
Restrictive Covenants ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour
Turning a blind eye – one-off act not a PCP -
In Ishola v Transport for London the Court of Appeal confirmed that it was not a provision, criterion or practice to require an employee to return to work before a proper...more
2/26/2020
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Grievance Process ,
Gross Misconduct ,
Hiring & Firing ,
International Labor Laws ,
Labor Law Violations ,
New Guidance ,
Non-Disclosure Agreement ,
Return-to-Work Agreements ,
UK ,
Unfair Dismissal
Gathering clouds – flawed investigation made dismissal unfair -
In Sunshine Hotel Ltd t/a Palm Court Hotel v Goddard the EAT agreed that failing to hold an investigatory meeting does not necessarily make a dismissal...more
1/13/2020
/ Employee Misconduct ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Hiring & Firing ,
International Labor Laws ,
Job Promotions ,
Labor Regulations ,
Legislative Agendas ,
Regulatory Agenda ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal ,
Workplace Investigations
Red faces – no gross misconduct when employee revealed executive's pay -
The EAT had to consider whether an employee had acted in breach of contract or committed gross misconduct when he revealed details of an executive's...more
12/16/2019
/ Couriers ,
Defense Strategies ,
Employee Definition ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Hiring & Firing ,
International Labor Laws ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Wrongful Termination
It's not what you know – dismissal for whistleblowing despite dismissing manager's belief -
In Royal Mail Group Ltd v Jhuti the Supreme Court has reinstated a decision that an employee was dismissed because she had blown...more
12/3/2019
/ Court of Justice of the European Union (CJEU) ,
Disciplinary Proceedings ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Entitlements ,
Hiring & Firing ,
Holidays ,
International Labor Laws ,
Labor Regulations ,
Retaliation ,
Senior Managers ,
Sick Leave ,
Trade Unions ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblower Protection Policies ,
Whistleblowers
If it ain't broke – removing extended absence trigger a failure to make a reasonable adjustment -
Removing an extended sickness absence trigger point from an employee with ME/ chronic fatigue syndrome was a failure to make...more
11/18/2019
/ Breach of Duty ,
Constructive Discharge ,
Disability Discrimination ,
Diversity ,
FTSE ,
Hiring & Firing ,
Internal Investigations ,
International Labor Laws ,
Leave of Absence ,
Reasonable Accommodation ,
UK ,
UK Employment Appeal Tribunal ,
Woman Board Members
Further developments in relation to harassment -
The EAT confirmed in Bessong v Pennine Care NHS Foundation Trust that as the law currently stands employers will not generally be liable for third party harassment of...more
11/5/2019
/ Appeals ,
Appeals Tribunals ,
Confidentiality Agreements ,
Copyright ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Equality and Human Rights Commission (EHRC) ,
International Labor Laws ,
Inventions ,
Inventors ,
Ownership of Works ,
Sexual Harassment ,
UK
Coming clean – false reason for dismissal shifted burden of proof -
In Base Childrenswear Ltd v Otshudi the Court of Appeal confirmed that giving a false reason for dismissal and persisting with it was enough to shift the...more
10/21/2019
/ Appeals ,
Aviation Industry ,
British Airways ,
Burden of Proof ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Race Discrimination ,
Strike ,
UK ,
UK Parliament ,
Unions
No harassment as conduct not related to sex -
The EAT decision in Raj v Capita Business Services Ltd is a reminder that behaviour, even if it is unwanted and creates a hostile or intimidating work environment, is only...more
9/24/2019
/ #MeToo ,
Employee Rights ,
Equality Act ,
Harassment ,
Hostile Environment ,
International Labor Laws ,
Off-Payroll ,
Privilege Waivers ,
Sexual Harassment ,
UK ,
Wage and Hour
Noteworthy – no holiday pro-rating for "part year" music teacher -
In The Harpur Trust v Brazel the Court of Appeal confirmed that a music teacher was entitled to be paid for 5.6 weeks' annual holiday, even though she only...more
9/9/2019
/ Constructive Discharge ,
Diversity ,
Employer Liability Issues ,
Employment Litigation ,
Equality and Human Rights Commission (EHRC) ,
Foreign Workers ,
Holiday Pay ,
Immigrants ,
International Labor Laws ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour
Something old – government responds to two consultations -
The government has outlined its proposals for regulating confidentiality clauses in the context of discrimination and harassment claims, and on extending...more
7/29/2019
/ Confidentiality Policies ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Flexible Work Arrangements ,
International Labor Laws ,
Labor Regulations ,
Parental Leave ,
Pregnancy Discrimination ,
UK ,
Wage and Hour
Cut it out! Covenant severed to make it enforceable -
In Tillman v Egon Zehnder Ltd the Supreme Court revisited the question of when it is possible to sever words from a restrictive covenant to make it enforceable, taking...more
7/15/2019
/ #MeToo ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Facebook ,
International Labor Laws ,
Labor Regulations ,
Race Discrimination ,
Restrictive Covenants ,
Sexual Harassment ,
UK
Perception is king – rejection for hearing impairment perceived disability discrimination -
In The Chief Constable of Norfolk v Coffey the Court of Appeal confirmed that rejecting a transfer request from someone with a...more
7/1/2019
/ Age Discrimination ,
Appeals ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
International Labor Laws ,
Labor Regulations ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Whistleblowers
No handbrake turns – holiday pay included voluntary overtime pay -
The Court of Appeal confirmed the EAT decision in East of England Ambulance Service NHS Trust v Flowers that holiday pay has to include voluntary overtime...more
6/17/2019
/ Collective Bargaining ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Tribunals ,
Holiday Pay ,
International Labor Laws ,
Non-Disclosure Agreement ,
Over-Time ,
UK ,
UK Employment Appeal Tribunal ,
Unions ,
Wage and Hour
Fatherhood penalty – statutory shared parental pay not discriminatory -
In Ali v Capita Customer Management Ltd and The Chief Constable of Leicestershire Police v Hextall the Court of Appeal confirmed that paying enhanced...more
Home or away – hearing claims against international defendants -
Two recent cases, one in the CJEU and one in the EAT, found that courts and tribunals in Great Britain had jurisdiction in principle to hear claims against...more
4/29/2019
/ Appeals Tribunals ,
Breach of Contract ,
Court of Justice of the European Union (CJEU) ,
Employer Liability Issues ,
Employment Litigation ,
EU ,
EU Directive ,
Foreign Defendants ,
International Labor Laws ,
Jurisdiction ,
Regulatory Agenda ,
Rulemaking Process ,
UK ,
Whistleblower Protection Policies