The Court of Appeal handed down judgment last week in Nailard v Unite the Union  EWCA Civ 1203, an important case which considered whether (1) elected branch officials could be ‘agent...
In City of York Council v Grosset  EWCA Civ 1105 the Court of Appeal has approved the approach of the Employment Appeal Tribunal to discrimination arising from disability under the Equality Act ...
Introduction The EAT has recently handed down two decisions on shared parental leave: Capita Customer Management v Ali & Working Families (Intervenor) UKEAT/0161/17 and Hextall v Chief Constable ...
Employment tribunal claims dealing with the issue of personal liability are being considered with increasing frequency. Claimants often only consider such claims due to concerns over the possible inso...
Last month's revelations about the Presidents Club fundraising dinner, at which female hostesses were reportedly harassed by male guests, has raised questions about the third party harassment prov...
GDPR is coming: and the recent decision in the Morrisons Supermarkets case does not make happy reading for employersPosted on 08 January, 2018
Articles about GDPR abound across social media and the internet: everyone knows it is coming in May (specifically 25 May 2018), but are organisations really waking up to the reality of it? Employers a...
Introduction 2017 has seen a series of cases concerning limb (b) worker status in the ‘gig economy.’ Individuals have claimed entitlements to be paid the minimum wage, holiday pay and so ...
A recent series of cases before the EAT have highlighted the complexities faced by respondents when determining whether to challenge the ET’s jurisdiction where a claimant has failed to comply w...
What should an employer do when it becomes aware of an allegation of sexual harassment or misconduct against an employee outside of the workplace and away from clients? Does it matter whether or...
In Efobi v Royal Mail Group Ltd UKEAT/023/16, the EAT considered the proper interpretation of the burden of proof provision in section 136 of the Equality Act 2010 (EqA 2010). The burden of proof pro...
“It is likely to be an unusual case where an employee will wish to pursue a claim and seek a remedy against a fellow worker for a whistleblowing detriment amounting to dismissal, rather than pur...
The Court of Appeal has considered the meaning of the words “in the public interest” which were added to whistleblowing legislation by the Enterprise and Regulatory Reform Act 2013 in orde...
The Court of Appeal has finally resolved the vexed question of whether the Simmons v Castle uplift on general damages, intended to counterbalance costs reform in the civil courts, should apply to inju...
Everyone knows that it is always impermissible to take a lapsed warning into account when deciding whether to dismiss an employee. According to the Court of Appeal and the Employment Appeal Tribunal, ...
A 10% uplift to all injury to feelings and personal injury awards in the Employment Tribunal? The Court of Appeal reserves its decision and considers involving the Attorney GeneralPosted on 25 May, 2017
In Simmons v Castle  1 All ER 334 the Court of Appeal declared that from 1 April 2013 awards of general damages in “all civil claims for (i) pain and suffering, (ii) loss of amenity, (iii)...
In Essop and others v Home Office (UK Border Agency)  UKSC 27 the Supreme Court, overturning a decision of the Court of Appeal (and the original employment tribunal) has held that indirect discr...
Govia GTR Railway Limited v ASLEF  EWCA Civ 1309 was the first occasion on which an application to restrain industrial action based on European Law had been made in an English court. The series ...
Finally, the wait is over. The Trade Union Act 2016 (“TUA”), which received royal assent as long ago as May last year, is brought substantially into force with effect from 1 March 2017. Wh...
The Ministry of Justice (‘MOJ’) recently launched its website of Employment Tribunal (‘ET’) decisions. At present, the website contains around 140 past decisions from 2015 onwa...
Employment status has received a lot of recent press coverage, in particular in the ‘gig’ economy – Uber, CitySprint, Deliveroo. It is an area of law in which advisers and in p...
Employment lawyers, as well as their clients, might well be forgiven for hoping that the only change on the horizon in regard to the system of employment litigation would be clarity as to the status a...
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