Latest Legal Articles from Forbes Solicitors

Employment & HR

Usage of inaccessible work email accounts during employee's maternity leave

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…

Employment Appeal Tribunal finding on religious discrimination in nursery case

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…

Watch This Space - Changes on the Horizon in 2019

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…

Employee, worker or self-employed?

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-…

Government loses indirect discrimination appeal

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…

Pay in lieu of untaken leave held to accrue to deceased employee's estate

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…

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Employment & HR

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Court of Appeal clarification on continuity of rest periods for exempted workers

The Court of Appeal held in Network Rail Infrastructure Ltd v Crawford, that where the normal entitlement to…

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