Employment Law
A recent Employment Appeal Tribunal decision has set out further guidance on how tribunals should approach the issue of employment status following the landmark decision of the Supreme Court in Uber BV v Aslam. In Manning v Walker Crips...
Should the terms of the employment contract be ignored when looking at employment status? In the leading case on employment status, Uber BV and others v Aslam (2021) , the Supreme Court warned against treating the terms of the contract as the starting...
Restrictive covenants are used in employment contracts to restrict employees for a period of time after they leave their employment. The aim is to limit the damage that a departing employee can do to their old employer but there is always a...
There is a one-off bank holiday on Monday 8 May 2023 to celebrate King Charles’ coronation. Are your staff entitled to an extra day’s paid holiday, and can they insist on taking it on 8 May? The answer depends on the wording of...
Welcome Res judicata is a Latin phrase which means ‘ a matter judged’ . It is a legal principle used to prevent someone from pursuing a claim that has already been dealt with by the courts. In a recent case, an employee asked the EAT...
Sections 100(1)(d) and (e) of the Employment Rights Act 1996 provide employees with protection from dismissal if they leave the workplace, refuse to return to it, or take other steps to protect themselves, if they reasonably believe there is...
The Implications of Harpur Trust v Brazel Being on holiday is fun. However, calculating other people’s holiday entitlement and pay? Not so much. It can get very tricky, especially when irregular working patterns are involved. Unfortunately, a...
The Implications of Harpur Trust v Brazel Being on holiday is fun. However, calculating other people’s holiday entitlement and pay? Not so much. It can get very tricky, especially when irregular working patterns are involved. Unfortunately, a...
Welcome Employees are entitled to 5.6 weeks’ holiday under the Working Time Regulations 1998 (WTR). Calculating the holiday pay of someone with no normal working hours can be tricky. Some employers have adopted a percentage approach, by...
Welcome Normally in employment tribunal cases, the tribunal will only make decisions about issues that are raised in the pleadings (the ET1 and ET3) and/or those agreed between the parties during the case management process. The recent case of Osinuga v...
Welcome Section 100(1)(d) and (e) of the Employment Rights Act 1996 provides employees with protection from dismissal if they exercise their right to leave the workplace or refuse to return to it, or take other steps to protect themselves, if...
Welcome Employees have the right not to be unfairly dismissed. For a dismissal to be fair, an employer must show that they have a potentially fair reason to dismiss - such as conduct or redundancy - and that they acted reasonably in treating...
Welcome Employers dread the vexatious litigant. Even the most spurious of tribunal claims takes up valuable management time and incurs legal fees to defend. The judgment of the EAT in Attorney General v Taheri will be a salve to those employers...
Welcome The Agency Workers Regulations 2010 (AWR) are derived from EU law. They aim to strike a balance between protecting agency workers and preserving the benefits of flexibility that using an agency provides to both businesses and workers. The AWR...
Welcome Section 230 Employment Rights Act 1996 sets out the legal definitions of employee and worker. To be a worker – and gain the benefits of paid holiday and national minimum wage - there must be a contract between the business and the...
Welcome Section 6(1) of the Equality Act 2010 sets out the statutory definition of disability. A person has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on their...
Welcome There have been a number of gig economy cases examining whether individuals satisfy the definition of ‘worker’ under s230(3)(b) of the Employment Rights Act 1996. The latest case in front of the Court of Appeal, Stuart...
Welcome The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 do exactly what it says on the tin. They prevent an employer treating a part-time worker less favourably than their full-time colleagues on the grounds of...
Welcome The European Court of Justice cast its judgment in two German cases where Muslim employees were banned from wearing headscarves in the workplace. Although the judgment isn’t binding in the UK, courts and tribunals may take the...
Welcome Indirect discrimination occurs when an employer applies a provision, criterion or practice (PCP) to all employees which disadvantages a group of people who share a protected characteristic (such as race or sex). Indirect discrimination can be...
