Archived Legal Articles from 2018
Employment & HR
The Employment Tribunal (ET) is an independent judicial body established to resolve disputes between employers and employees in relation to employment rights. The ET will hear claims about employment matters; such as unfair dismissal, discrimination, wages and redundancy payments for example.
Mencap v Tomlinson-Blake
The Court of Appeal ruled on Friday 13 th July 2018 that periods of 'sleeping in' are to be treated as being available to work, opposed to 'actually working' and therefore do not constitute 'working' for the purposes of National Minimum Wage (…
A night of pampering and beauty treatments organised by Forbes Solicitors has raised £428 for Lancashire cancer charity CARES.
The event, at the firm's Oak House office in Walton Summit, included demonstrations as well as canapés and prosecco for the 40 women who attended.
A recent finding of the EAT in Flowers & others v East of England Ambulance Trust has confirmed that both non-guaranteed and voluntary overtime should be included in an employee's holiday pay calculation provided it was sufficiently regular and settled to amount to "normal remuneration&…
How far reaching can a workplace dress code be?
In summary, dress codes can be a legitimate part of an employer's terms and conditions of service, but any less favourable treatment because of sex could amount to direct discrimination. While dress policies for men and women do not have to be…
Earlier this year, the Government launched an innovative £1.5 million 'Share the Joy' campaign to encourage more parents, via advertising, to take up the offer of Shared Parental Leave in their baby's first year. Research from the Department of Business, Energy and Industrial Strategy…
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In the recent appeal made by the Respondent in Capita Customer Management Ltd v Ali UKEAT/0161/17/BA , the Employment Appeal Tribunal (EAT) held that failing to pay a father his full salary during shared parental leave, where a female colleague on maternity leave would have received her full salary…
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In Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood, the Supreme Court held that in the absence of an express contractual provision, a written notice of termination served by an employer does not take effect until the employee has read it or had a reasonable opportunity of doing so.
In its March report, 'Turning the tables: Ending sexual harassment at work', the Equality and Human Rights Commission ("the Commission") summarised its findings and detailed its recommendations for employers following an investigation into sexual harassment in the workplace.
Ms Gomes worked for a company providing accommodation and support services for vulnerable young people. She brought a claim for compensation before the Employment Tribunal for failure to allow her rest breaks. Under the Working Time Regulations 1998 (SI 1998/1833) ("WTR"), workers are entitled…
In the recent case of Pemberton v Inwood  EWCA Civ 564, the Court of Appeal held that a Church of England priest was not subjected to unlawful sexual orientation discrimination when he was refused a ministry licence on the ground of his same-sex marriage.
The Claimant, Canon Pemberton,…
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The Employment Appeal Tribunal recently confirmed that the Claimant's strong belief that he has a disability isn't enough to ensure that his employer should be regarded as knowing, or be reasonably expected to know, of his disability.
In Toy v Chief Constable of Leicestershire, the Claimant…
In the recent case of Brazel v The Harpur Trust , the EAT upheld a music teacher's appeal challenging the approach taken to calculate her holiday pay.
Mrs Brazel worked at the Trust as a music teacher in term-time on a zero-hours contract. She was entitled to 5.6…
In the recent case of Sunuva Ltd v Martin , the Employment Appeal Tribunal (EAT) upheld an Employment Tribunal cost award to a claimant in respect of costs incurred before receipt of the ET3 on the grounds that the response had no reasonable prospect of success.
The claimant, Martin, was an…
Yes, held the Supreme Court in Reilly v Sandwell Metropolitan Borough Council.
Ms Reilly, the head teacher of a primary school, was in a close (but not romantic) relationship with a man convicted of making indecent images of children. Whilst Ms Reilly did not live with the man,…
It would be difficult to miss the media coverage of university staff at over 60 universities striking over proposed pension changes. Universities UK want to change the Universities Superannuation Scheme from a defined benefit scheme (which would provide a guaranteed retirement income) to a defined…
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Surveillance and privacy in the work has been under the spotlight recently at the European Court of Human Rights. The cases of Antovic and Mirkovic v Montenegro and Lopez Ribaida & Ors v Spain considered whether video surveillance breached Article 8 of the European Convention on Human…
With the new year already under way and 2017 having rapidly come and gone, we provide employers with an outline of key issues they should note and take steps to prepare for this year.
If 2017 was a busy year for employers, 2018 is expected to be even busier.
So, what do you need to know (that…
The use of fixed-term contracts is widespread across many industries and business sectors. Whilst the mechanism behind this type of contract appears simple, dealing with the expiry of a fixed-term contract is not always straightforward.
The Employment Appeal Tribunal in Royal Surrey County NHS…
The Employment Appeal Tribunal (EAT) recently determined that it is unlawful for an employer to reject a potential candidate because they believe that a current health condition may become a disability in the future.
In the case of Chief Constable of Norfolk v. Coffey, the claimant (C), a Police…
The immediate answer in almost every organisation would be yes. S15 of the Immigration, Asylum and Nationality Act 2006 makes it unlawful for an employer to employ an adult who is subject to immigration control. The penalties include civil and criminal sanctions even if the employer knew or had…
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