EAT clarifies how to interpret ‘long term’ for the purpose of the definition of disability.
Protection from dismissal for asserting a statutory right only applies where the employee alleged an actual breach of statute, not a threatened one.
Where a worker is entitled, under the Working Time Regulations, to ‘compensatory rest’ instead of a 20-minute uninterrupted rest break, the rest need not, in every case, consist of an uninterrupted 20 minutes, even if it would, in principle, be possible to provide such a break.
Suspension can be a breach of contract – but on each occasion it is a question of fact. A tribunal must consider whether the employer has ‘reasonable and proper cause’ to suspend, not whether it was ‘necessary’ to suspend the employee.
The dismissal of a teacher at an ultra-orthodox Jewish nursery who refused to lie about living with her boyfriend was not discrimination on the grounds of religion or belief.
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.
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.
A ‘conduct’ dismissal can encompass serious neglect, omission or carelessness - here a failure to meet the role’s requirements.
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.
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.
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.
Drivers for Uber are ‘workers’ and not self-employed according to a majority judgment from the Court of Appeal.
The dismissal for gross misconduct of a long-serving employee for failing a routine drug test was unfair.
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.
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.
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.
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.
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.
Three drivers for a taxi and courier company were ‘workers’ and not independent contractors.
There was no unfairness when an employer withheld certain evidence from a disciplinary hearing that ultimately led to an employee’s dismissal.
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