18 Mar 2019
The Court of Appeal held in Network Rail Infrastructure Ltd v Crawford, that where the normal entitlement to an uninterrupted 20-minute rest break under Reg 12(1) of the Working Time Regulations 1998 ("WTR") is excluded by a 'special case' exemption, the equivalent period of…
18 Mar 2019
The Employment Appeal Tribunal ("EAT") held in SW Yorkshire Partnership NHS Foundation Trust v Jackson that it can be unfavourable treatment under the Equality Act 2010 to send a woman on maternity leave an important email at an email address that she can't access. However, it will be…
20 Feb 2019
Ms De Groen had been employed as a teacher by Gan Menachem, an ultra-orthodox Jewish Nursery, since July 2012. She was living with her boyfriend whilst working at the nursery, in contravention of the strict religious requirements of ultra-orthodox Judaism. This information came to light at a barbeque…
04 Feb 2019
While Brexit currently dominates the majority of our discussions, updates and most frequently, the news, there will be a number of Employment Law developments for businesses to watch out for over the next 12 months. Post-Brexit Immigration rule changes Once the UK leaves the EU free…
17 Jan 2019
It is common in the construction industry for a company to engage individuals to provide services on its behalf to an end client. Whilst the company may want the client to view these individuals as part of their company, it is also common for the company to argue that the individuals are self-…
28 Dec 2018
Hein v Albert Holzkamm GmbH related to a construction worker in Germany working under a collective agreement providing that holiday pay would be paid on the basis of a 13-week average calculation in accordance with national law in Germany. After a 26-week lay-off, his holiday pay was calculated on…
27 Dec 2018
The EAT in Stefanko and others v Maritime Hotel Ltd held that an employee is entitled to a statement of particulars of employment even if they have worked for less than two months, provided they have completed one month of continuous employment. Section 1(2) of the Employment Rights Act 1996 sets…
27 Dec 2018
A claim was brought by around 230 judges challenging the government's decision forcing younger judges to leave the judicial pension scheme. Members closest to retirement age were permitted to remain on the scheme, whilst younger judges were transferred to a less generous scheme. The judges claimed…
21 Dec 2018
The government has published proposed legislative changes to employment law in its "Good Work Plan" (the 'Plan'). The Plan was published in response to the review of modern working practices conducted by Matthew Taylor, the Taylor Review, and accepts changes implementing 51 out of the…
13 Nov 2018
In Wuppertal v Bauer and Willmeroth Broßonn the CJEU has held that the heir of a worker who dies while in an employment relationship with a public or private employer has a right to financial compensation in lieu of the worker's untaken paid annual leave. The right to annual leave was…
18 Mar 2019
Employment & HR
The Court of Appeal held in Network Rail Infrastructure Ltd v Crawford, that where the normal entitlement to…
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