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.

Dismissal of military reservist was fair

A volunteer reservist was fairly dismissed for committing to a seven-week training exercise without obtaining his employer’s approval.

Employer liable for injury to employee at impromptu work party

An employer was vicariously liable for life-changing injuries inflicted by its managing director on one of its employees at a Christmas party.

Bakers did not discriminate against gay man

A bakery did not discriminate against a gay man on the grounds of his sexual orientation or political belief when it refused to supply a cake with a message on it supporting gay marriage.

Ill-health retirement and disability discrimination

A flawed ill-health retirement process will not, by itself, amount to direct disability discrimination or discrimination arising from disability.

Tribunals can interpret contracts in unauthorised deductions claims

Faced with deciding whether a sum is ‘properly payable’ for the purposes of an unauthorised deduction claim, a tribunal does have jurisdiction to interpret contractual terms.

Tribunal claims increase

There has been a marked rise in the number of employment tribunal claims being lodged.

Removing a contractual benefit post-transfer

The withdrawal by a transferee of a contractual entitlement to a travel allowance was not void under TUPE.

Immigration post-Brexit: MAC report

The Migration Advisory Committee (MAC) has published proposals for a future immigration system for the UK after Brexit.

August 2018 inflation data

The UK’s main inflation measure in August 2018 rose to 2.7%.

Ambiguous resignations

An employee’s letter giving ‘notice’ wasn’t an unambiguous resignation.

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