Disciplinary investigations, hearings and procedures can be extremely difficult and stressful for the employee accused of wrongdoing. Regardless of the nature of the allegations the employee faces and the evidence...
Hiring Apprentices – Rights & Responsibilities
The Government has shown great commitment in recent times to increasing employer participation in workplace training, particularly with the introduction of the Apprenticeship Levy aimed at encouraging businesses to expand...
Landmark Ruling On Non-Compete Clause in Employment Contract
In the recent high profile case of Egon Zehnder v Tillman, the ruling of the Supreme Court has provided clarity in relation to how businesses should approach the drafting of non-compete...
Non-Disclosure Agreements – The End Of The ‘Gagging Order’?
The use of non-disclosure agreements by employers is a worldwide phenomenon. However, the #MeToo movement and recent high profile cases, such as the Harvey Weinstein scandal, have caused the use...
Secretly Recording A Work Meeting Did Not Amount To Gross Misconduct
In the recent case of Phoenix House v Stockman, an Employment Appeal Tribunal (EAT) had to rule whether an employee covertly recording meetings at work amounted to gross misconduct. Phoenix...
Unfair Dismissal Of Pregnant Employee
Peart v Care Preference Limited The Claimant in this recently reported case started working for the Respondent as a care worker in November 2016. Due to the nature of the...
Police Officer – Perceived Disability Discrimination
Is it unlawful disability discrimination to refuse employment because of a perception of a risk of future inability to work in a particular role? The definition of direct discrimination in...
Holiday Pay Claims – How Far Can Back Pay Go?
Does a gap of more than 3 months in a ‘series’ of unlawful deductions break that series and limit a Claimant to how far back they can claim unpaid holiday?...
EAT Rule That NHS Trust Did Not Act In A Discriminatory Manner By Not Renewing Director Contract
In the case of Page v NHS Trust Development Authority, an Employment Appeal Tribunal (EAT) had to consider whether an NHS Trust had acted in a discriminatory manner by not...
EAT Dismisses Teacher’s Harassment Claim Against School Who Suspended Him Due To The Adverse Effects Of His Disability
The Employment Appeal Tribunal (EAT) recently heard the harassment case of Mr F Ahmed v The Cardinal Hume Academies, in which it had to consider whether it was direct discrimination...
Court of Appeal Overturns EAT Ruling On Unlawful Inducements Case
In the recent Court of Appeal case of Kostal UK v Dunkley & Others UKEAT/0108/17/RN, the Court was asked to consider whether a business could offer its employees inducements in...
How Will Brexit Affect Workers’ Rights In The UK?
With the UK’s withdrawal date from the EU fast approaching (again) and uncertainty regarding who will be the next Prime Minster and how they might approach Brexit, there is more...