Failure to disclose relationship outside work justified dismissal

A school was entitled to summarily dismiss a head teacher for her failure to disclose a personal relationship with a sex offender outside of work.

Holiday pay for those with irregular hours

A zero hours, term-time employee’s holiday pay should not have been capped at 12.07% of her annualised hours as suggested in ACAS guidance.

'Pre-cancerous' condition was a deemed disability

A diagnosis of cancer in situ (i.e. a pre-cancerous condition which is present but not yet at an invasive stage) is still a deemed ‘disability’ under the Equality Act.

Expectation that employee work long hours was a PCP

An expectation or assumption that someone will work late may be sufficient to amount to a ‘provision, criterion or practice’ (PCP) for the purposes of a claim of failure to make reasonable adjustments in disability discrimination.

Transgender discrimination

High Street retailer liable for substantial award for discriminating against a transgender employee.

Higher pay cannot offset inferior holiday entitlement under AWR

Providing an agency worker with 28 days’ holiday and half-hour rest breaks when comparable permanent employees were entitled to 30.5 days’ holiday and rest breaks of one hour breached the Agency Workers Regulations (AWR).

'On call' at home and whether working time

The nature of the restrictions that are placed on a worker will determine whether ‘on-call’ time qualifies as ‘working time’.

Failing to consult 'promptly' leads to protective award

A charity breached its collective redundancy consultation obligations when it failed to start consultation ‘promptly’.

Constructive knowledge of disability: reasonable, not perfect effort required of employer

While an employer hadn’t explored every conceivable avenue, it had done enough to avoid a finding that it had constructive knowledge of an employee’s disability and thus be liable for having to make reasonable adjustments.

Detriment and injury to feelings awards

Injury to feelings compensation can be awarded in detriment claims under the Working Time Regulations.

Bonus didn't have to be paid during garden leave

There was no breach of contract where an employer refused to pay a minimum bonus during the employee’s period of garden leave. Against a background of declining revenues and the employee’s refusal to forgo his bonus, the decision to place him on garden leave was not irrational.

Non-renewal of fixed-term contracts and unfair dismissal

Simply complying with the non-discrimination regime of the Fixed-term Employees Regulations doesn’t make a dismissal at the end of a fixed term contract fair.

Trigger points for absence dismissal and discrimination

Absence management policies which dismiss disabled employees for intermittent absences must be objectively justified.

Effective date of termination and summary dismissal

A clear communication that a contract has ended determines the effective date of termination - it’s not something that the parties can simply agree.

20-minute rest break means a whole 20 minutes

The right to a rest break under the Working Time Regulations is the right to an uninterrupted break of 20 minutes. An employer cannot meet this statutory requirement by aggregating breaks of a shorter duration

Protected conversations and the date of dismissal

A tribunal can hear evidence about protected conversations if the actual date of termination is disputed.

Unlawful deductions from wages in switch from weekly to monthly pay

Continuing to work and receive pay (and an employer loan) did not amount to acceptance of a unilaterally-imposed contractual variation.

Perceived disability

A police officer, who was turned down for a transfer because her hearing loss was marginally below the medical standard for police recruitment, had suffered direct discrimination because of a perceived disability.

Direct pay offer to employees was 'unlawful inducement'

An employer offered employees unlawful inducements to cease collective bargaining when it directly offered them a package of revised terms and conditions, going over the head of the recognised trade union.

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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