Keeping records of all hours worked

European law obliges employers to establish a system for recording actual daily working time for full-time workers who have not expressly agreed to work overtime according to the Advocate General of the ECJ.

Equal pay and comparability of pay terms

For the purposes of equal pay law, two distinct parts of a workforce (here female shop floor workers and higher-paid male distribution centre workers) can compare their pay, even if they are located at different sites, in different parts of the organisation/group, and with very different pay arrangements/management structures.

Worker's defamation complaint could be a protected disclosure

A worker’s complaint to HR that he was being defamed by rumours that he had breached confidentiality was capable of amounting to a protected disclosure under the whistleblowing provisions of the Employment Rights Act.

'Conduct' dismissal for failure to meet expectations of the job

A ‘conduct’ dismissal can encompass serious neglect, omission or carelessness - here a failure to meet the role’s requirements.

Short-time working and holiday pay

Whilst periods of short-time working may reduce the minimum period of statutory leave to less than four weeks, they cannot reduce the amount off pay due when leave is taken – and overtime doesn’t necessarily have to be included in the calculation of holiday pay.

Written particulars of employment

An employee with at least one month’s - but less than two months’ - continuous employment had a right to a written statement of employment particulars.

Disability discrimination and ill-health retirement

A disabled employee who had reduced his hours from full time to part time before taking ill-health retirement had not been treated ‘unfavourably’ when an element of his pension benefits was calculated by reference to his part-time salary at the date of retirement.

Uber drivers are 'workers' says Court of Appeal

Drivers for Uber are ‘workers’ and not self-employed according to a majority judgment from the Court of Appeal.

Dismissal for failing drug test was unfair

The dismissal for gross misconduct of a long-serving employee for failing a routine drug test was unfair.

Deliveroo riders aren't 'workers' for collective bargaining purposes

The right to statutory recognition of a union under art. 11 of the European Convention on Human Rights (ECHR) does not apply to delivery drivers who had specifically found not to be workers as they had a genuine right of substitution which had been exercised.

Capability dismissal and long-term disability

Where an employee had been dismissed on the ground of medical incapacity while his contractual entitlement to long-term disability benefits was ongoing, it was appropriate to imply a term into his employment contract to restrict the employer’s contractual power to dismiss.

Equal pay: 'stable working relationship' not necessarily broken by promotion

A promotion or change in role within the same organisation will not necessarily amount to a ‘radical’, ‘fundamental’ or ‘significant’ change so as to break a ‘stable working relationship’ for the purposes of calculating time limits for an equal pay claim.

Trial periods and redundancy

On the question of the mistaken failure to offer of a trial period in a redundancy situation, it is important to consider first of all whether this failure rendered the dismissal unfair, and then whether a trial period would have made a difference to the outcome. Neither is it an answer, when the employer has clearly admitted being at fault, to say that because the claimant did not press the point, this somehow affects the reasonableness.

Statutory holidays - use it or lose it?

Workers cannot be deprived of paid statutory holiday entitlement on the termination of employment or at the end of a particular reference period/authorised carry-over period unless the employer has ensured ‘specifically and transparently’ that the worker is given the opportunity to take the leave.

Addison Lee drivers are 'workers'

Three drivers for a taxi and courier company were ‘workers’ and not independent contractors.

Withholding evidence from disciplinary hearings

There was no unfairness when an employer withheld certain evidence from a disciplinary hearing that ultimately led to an employee’s dismissal.

Part-time workers, less favourable treatment and justification

The requirement for a part-time worker to be available for work on proportionately more days than a full-time worker was less favourable treatment. In deciding whether such treatment is legally justified, tribunals should consider statistical evidence.

Bereavement leave and pay

Further details have been published on how the forthcoming right to bereavement leave and pay will work in practice.

Directors personally liable for whistleblowing dismissal

Two company directors were personally liable for their part in dismissing an employee on whistleblowing grounds.

Employer liable for employee's data breach

An employer was vicariously liable for the actions of one of its employees who, to damage his employer, leaked personal staff data on a file-sharing website.

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