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The Answer The Employment Tribunal in Johnson v Bronzeshield Lifting Ltd, upheld a constructive dismissal claim where a long service employee working as an administrator resigned after her employer refused her flexible working request, where the employee requested not to work on Friday and to have…
Read moreFollowing an alleged substantial and fundamental breach of contract by the employer, can the employee affected proceed to resign three months from the date of breach so as to claim constructive dismissal or would the employee’s delay amount to affirming the breach? The Answer In the case of Dr P…
Read moreAs of April 1st 2024, employers must now adhere to updated regulations governing holiday pay calculation. These changes mark a significant shift in how holiday entitlements are determined - particularly for employees with irregular working hours, or those who only work part-year. In the dynamic and…
Read moreThe recent Information Commissioner’s Office decision against Serco will require employers to review their company policy on the use of facial recognition technology and fingerprint scanning to check employees’ presence in the workplace. The ICO ordered Serco to stop all biometric processing for mo…
Read moreWhere an employee raises concerns to an employer over staff bullying and harassment by another employee, can that employee rely upon whistleblowing protection if the employer terminates the employee’s employment, and that dismissal could be linked to the employee reporting bullying and harassment or…
Read moreThere have been numerous EL cases relating to whether an employer can vary the terms and conditions of employment for their employees. Now, there’s another recent decision on the matter in the case of Humby v Barts Health NHS Trust 2024 – and it’s one in which the Hogg principle plays a crucial role…
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In the recent case of Richardson v West Midlands Trains, the ET dealt with the subject of dismissal for pranks and banter at work, awarding £40,000 damages for unfair dismissal.
Read moreIn December 2023, The Home Secretary’s announced his 'five-point plan' to bring down net legal migration. Part of the plan is targeted at skilled workers such as care workers and dependants. So, how exactly will this be achieved by the Home Office? The Answer The government introduced a new rule o…
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In the case of Abbas v ISS Facility Services, the EAT found a failure to provide adequate toilet facilities for females compared to males amounted to direct sex discrimination.
Read moreDid an employer make reasonable adjustments when they dismissed an employee instead of offering an alternative role on trial? The Answer No - as ruled the Employment Appeal Tribunal in the case of Miller and Rentokil. The claimant worked as a field-based pest controller. After developing Multiple…
Read moreCan a short service employee dismissed on grounds of redundancy or for any other reason, claim automatic unfair dismissal on the grounds that the real reason for the dismissal related to the intention to exercise his / her statutory right of taking parental leave, but in circumstances where the empl…
Read moreWhen are increases in compensation limits for employment tribunal awards and other statutory payments to take effect in 2024? The Answer Under provisions of the Employment Rights (Increase of Limits) Order 2024, the Government has announced increases to compensation limits that will apply for empl…
Read moreThe Answer No, they do not, as ruled the Employment Appeal Tribunal in the case Sullivan v Isle of Wight Council. Although the court said judicial office holders were not employees for the purposes of the Employment Rights Act 1996, they were entitled to be protected against any sanction or detrime…
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Employers of Ukrainian nationals should be aware of the latest changes to the Immigration Rules. Effective from 19 Feb 2024, these rules mark an end to the Ukrainian Family Scheme.
Read moreCan an employer in a contract with a third-party business exclude or limit liability for an employee’s dishonesty, fraud, and/or gross carelessness? The Answer The High Court decision in the case of Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2024] EWHC 35…
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Under provisions within Section 207A of TULRCA, ETs can uplift compensation awards by 25% when employers do not follow the ACAS Code of Practice for disciplinaries and grievances.
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The case of Prestwick Care v Secretary of State for the Home Department serves to remind employers of the compliance conditions they need to meet when sponsoring overseas staff.
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As employers continue to struggle with flexible working requests, the case of Wilson v FCA 2023 emphasises the importance of having clear policies and procedures in place.
Read moreThe recent case of Leaney v Loughborough University 2023 serves to remind employers of their duty to concentrate on what employees do to affirm their contract – rather than what they omitted to do. Leaney v Loughborough University 2023 – The Background In this case, the staff member in question ha…
Read moreZero hour contracts can often have different meanings, but – in general terms, they are casual arrangements between the parties where there are no guaranteed working hours, no obligation on the business to provide any hours, and no obligation on part of a person to accept the hours offered. Arrangem…
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