Articles

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On the facts of Awan v ICTS UK Limited, no, said the EAT, which has overruled an employment tribunal’s original finding that an employer was permitted to dismiss an employee on the ground of capability while he was still contractually entitled to...
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In Ball v First Essex Buses Limited the Employment Tribunal found that it was unfair to dismiss a bus driver for gross misconduct when he failed a routine drugs test. In this case, Mr Ball failed a routine drugs test carried out by his employer, when a...
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The long-awaited White Paper on immigration was published the week before Christmas and largely reflects the recommendations made by the Migration Advisory Committee.  The main thrust of the paper is to assert that there will be an end to free movement...
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In Timis and anor v Osipov, the Court of Appeal considered whether employees may pursue an individual co-worker in relation to unfavourable treatment (including dismissal) they have suffered as a result of blowing the whistle, even though the legislation...
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In Sheikholeslami v University of Edinburgh, the Scottish EAT confirmed that the question of whether ‘something arose in consequence of disability’ may involve more than one link in a chain of consequences.  In this case S was employed as a...
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In Addison Lee Ltd v Lange and others, the EAT considered a Tribunal’s finding that taxi drivers were workers for the purposes of the Employment Rights Act 1996 (the ERA) and legislation relating to working time and the National Minimum Wage.  ...
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What is IR35? IR35 applies to the supply of workers in the private sector until April 2020. It seeks to combat tax abuse through disguised employment. It will apply where an individual provides services to a client through a personal service company (PSC)...
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P claimed that she had suffered less favourable treatment under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations by demonstrating that she had to be available for 53.5% of the hours of a full-time counterpart, while receiving only...
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In a highly anticipated Supreme Court decision, it was held that there was no direct discrimination by Ashers Bakery against Mr Lee for refusing to decorate a cake with the message “Support Gay Marriage”.    The Supreme Court reversed...
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In this case the Employment Appeal Tribunal held that an employee had not given valid notice of her resignation, meaning that she had been dismissed by her employer. Facts  Mrs Levy was employed in the records department of one of the Trust’s...
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In this case, the Employment Appeal Tribunal found that the removal of an “outdated and unjustified” contractual allowance after a transfer was not void under TUPE.   The claimants were electricians who had ultimately transferred from...
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Introduction An employer will give an employee grounds for a potential victimisation claim when it subjects them to unfavourable treatment because they have done (or it believes they have done or will do) a protected act. Protected acts in this context...
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The Employment Appeal Tribunal finds that an employment tribunal did have jurisdiction to hear a claim filed late by an individual, despite the fact that her original claim (filed on time) contained an error which had not been spotted by her solicitor. Ms...
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This case demonstrates how legal advice to a client on how to conceal an act of discrimination is likely to engage the “iniquity principle” therefore losing the right to privilege. Background Legal advice is usually exempt from...
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The EAT has decided that giving a written warning for sickness absence to a disabled employee was an act of discrimination arising from her disability. The judge had noted that the employee had been treated with great sensitivity, and she was permitted to...
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Introduction ‘Negotiating damages’ refers to a type of remedy that, in the employment field, is most appropriate where a party has breached restrictive covenants or confidentiality obligations, particularly on the sale of a business, but it is...
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The Court of Appeal has confirmed that an employer may be liable for a claim of discrimination arising from disability, even if it was not aware that that the employee’s misconduct arose from their disability. The employee was an English teacher who...
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Introduction Nottingham City Council stopped their usual incremental pay progression for employees, without asking for their consent. They said that the alternative would be a large number of compulsory redundancies. The pay freeze was opposed by trade...
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In a case which made the national news headlines, the Supreme Court has decided that a plumber who was engaged by Pimlico Plumbers to provide services for its customers, was not self-employed. Instead, he was Pimlico Plumbers’ worker. This was based on...
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Ms Haywood was placed at risk of redundancy. If her employment terminated on or after her 50th birthday, she would be entitled to a non-actuarially reduced early retirement pension, a significant benefit to her. To avoid this happening her employer, the...
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The Supreme Court has held that it was fair to dismiss a head teacher who failed to disclose a relationship with a sex offender.  The Supreme Court also invited consideration for the appropriate test for misconduct dismissals. Reilly v Sandwell...
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The Court of Appeal has upheld a tribunal’s decision that Liberata UK Limited (“LUK”) did not have constructive knowledge of an employee’s disability and, therefore, had no duty to make reasonable adjustments. The employee, Ms...
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The Claimant was employed by Sevacare as a homecare support assistant providing support to service users funded by Haringey Council. In 2016, Sevacare terminated its services in Haringey and care services were transferred to a number of other providers,...
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The EAT has held that Keeping Kids Company (“KKC”) (the official name for the now-disgraced “Kids Company” charity) could not rely on events which occurred after 20+ redundancy dismissals were proposed as a defence to a claim for...
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The Supreme Court has upheld a finding by the ET and EAT that a headteacher was fairly dismissed in circumstances where she had failed to disclose a relationship with a known sex offender.  The Claimant was a headteacher at a primary school. For...
David Williams
Head of Employment
Marian Bloodworth
Employment Partner
020 7710 1654
Kathryn Dooks
Employment Partner
Louisa Button
Associate
020 7710 8017
Anna Byford
Senior Associate
James Champness
Associate
Amy Douthwaite
Senior Associate
Sinead Noonan
Associate
020 7710 8042
Anushka Sinha
Senior Associate
020 7710 1616
Lucy Sorell
Associate
020 7710 8024
Justin Terry
Associate
020 7710 1630