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Following an alleged substantial and fundamental breach of contract by the employer, can the employee affected proceed to resign three months from the date of breach so as to claim constructive dismissal or would the employee’s delay amount to affirming the breach? The Answer</st...
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The Employment Appeal Tribunal recently considered this in the case of De Mello v British Airways. The decision they reached carries significant implications for employers regarding the inclusion of meal allowances in holiday pay calculations.
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As of 2023, employers face new legal obligations to prevent sexual harassment in the workplace. Understanding and implementing these duties is crucial, not only to comply with the law but also to foster a safe and respectful work environment.
Read moreAs of April 1st 2024, employers must now adhere to updated regulations governing holiday pay calculation. These changes mark a significant shift in how holiday entitlements are determined - particularly for employees with irregular working hours, or those who only work part-year. In the dynamic a...
Read moreThe Answer The Employment Appeal Tribunal decision in the case of Sullivan v Isle of Wight Council 2024 appears to confirm that whistleblowing protectio...
Read moreThe recent Information Commissioner’s Office decision against Serco will require employers to review their company policy on the use of facial recognition technology and fingerprint scanning to check employees’ presence in the workplace. The ICO ordered Se...
Read moreWhere an employee raises concerns to an employer over staff bullying and harassment by another employee, can that employee rely upon whistleblowing protection if the employer terminates the employee’s employment, and that dismissal could be linked to the employee reporting bullying and harassment...
Read moreThere have been numerous EL cases relating to whether an employer can vary the terms and conditions of employment for their employees. Now, there’s another recent decision on the matter in the case of <a href="chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://assets.publishing.service.g...
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In the recent case of Richardson v West Midlands Trains, the ET dealt with the subject of dismissal for pranks and banter at work, awarding £40,000 damages for unfair dismissal.
Read moreIn December 2023, The Home Secretary’s announced his 'five-point plan' to bring down net legal migration. Part of the plan is targeted at skilled workers such as care workers and dependants. So, how exactly will this be achieved by the Home Office? The Answer The go...
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In the case of Abbas v ISS Facility Services, the EAT found a failure to provide adequate toilet facilities for females compared to males amounted to direct sex discrimination.
Read moreDid an employer make reasonable adjustments when they dismissed an employee instead of offering an alternative role on trial? The Answer No - as ruled the Employment Appeal Tribunal in the case of Miller and Rentokil. The claimant worked as a field-...
Read moreCan a short service employee dismissed on grounds of redundancy or for any other reason, claim automatic unfair dismissal on the grounds that the real reason for the dismissal related to the intention to exercise his / her statutory right of taking parental leave, but in circumstances where the e...
Read moreWhen are increases in compensation limits for employment tribunal awards and other statutory payments to take effect in 2024? The Answer Under provisions of the <a href="https://www.legislation.gov.uk/uksi/2024/213/contents/made?mc_cid=c0e25b14bb&mc_eid=476ef2f6...
Read moreThe Answer No, they do not, as ruled the Employment Appeal Tribunal in the case Sullivan v Isle of Wight Council. Although the court said judicial office holders were not employees for the purposes of the Employment Rights Act 1996, they were entitled to be protected again...
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Employers of Ukrainian nationals should be aware of the latest changes to the Immigration Rules. Effective from 19 Feb 2024, these rules mark an end to the Ukrainian Family Scheme.
Read moreCan an employer in a contract with a third-party business exclude or limit liability for an employee’s dishonesty, fraud, and/or gross carelessness? The Answer The High Court decision in the case of <a href="/umbraco/1. https:/www.bailii.org/ew/cases/EWHC/TCC/2024/3...
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Under provisions within Section 207A of TULRCA, ETs can uplift compensation awards by 25% when employers do not follow the ACAS Code of Practice for disciplinaries and grievances.
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The case of Prestwick Care v Secretary of State for the Home Department serves to remind employers of the compliance conditions they need to meet when sponsoring overseas staff.
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As employers continue to struggle with flexible working requests, the case of Wilson v FCA 2023 emphasises the importance of having clear policies and procedures in place.
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