EAT limits HR’s role in disciplinary situations…again

The Employment Appeal Tribunal (EAT) has handed down another decision emphasising the care with which HR and in-house legal professionals should treat disciplinary decision making autonomy.

In Dronsfield v University of Reading, the Claimant was a university professor who was subject to the university’s policies and procedures. One of those procedures related to personal relationships between staff / students and provided that any member of staff engaged in a personal relationship with a student should [...]

By |August 15th, 2016|HR / Employment Law News|

The Force Awakens and a star breaks his leg

A film production company admitted at Milton Keynes Magistrates Court on Tuesday last to certain health and safety breaches over an accident on the set of ‘Star Wars: The Force Awakens’  in June 2014, that broke the leg of star Harrison Ford who plays the character  Han Solo.

The actor was struck by a hydraulic door on the set of the Millennium Falcon – his character’s spaceship, at Pinewood studios. The 71 year old actor [...]

By |July 28th, 2016|Health & Safety News|

Uber under attack by the GMB

The GMB Union are flying the flag for Uber drivers today, as they bring a case against the cab hire service in the London Tribunal, arguing that drivers can be considered ‘workers’ rather than ‘self-employed’ as Uber maintains.

If the case succeeds Uber Drivers can look forward to receiving employment rights such as:

Ensuring that pay meets current national minimum wage levels
Protection against unlawful deductions from wages
Conditions in line with the Working Time Regulations [...]

By |July 20th, 2016|Uncategorized|

Government claims Brexit will not lead to radical employment law changes

The Government has hinted that Brexit will not result in major changes to employment law.

Prior to the referendum, speculation was rife as to how a Leave vote would affect workers’ rights. Indeed, Jeremy Corbyn claimed there would be a “bonfire of rights” in such circumstances.

However, writing in a blog article, David Davis (Secretary of State for Exiting the EU) acknowledged that whilst EU regulation applying to UK companies may need to reflect that of [...]

By |July 19th, 2016|HR / Employment Law News|

Blanket bans on Islamic headscarves discriminatory according to Advocate General

An Advocate General (a lawyer who advises the court on a neutral basis) for the European Court of Justice (ECJ) has handed down an opinion that a blanket ban on religious dress by an employer which then prevents a Muslim woman from wearing an Islamic headscarf when in contact with clients amounts to direct religious discrimination.

The case in question (Bougnaoui and another v Micropole Univers) involved a Muslim IT engineer who wore an Islamic [...]

By |July 19th, 2016|HR / Employment Law News|

Tips for employers on working in high temperatures

Working School holidays are now with us and somewhat unusually, so is a spell of fine weather. Whilst a minimum temperature is indicated under the Workplace (Health, Safety and Welfare) Regulations 1992, no reference is made to maximum temperature. However, there are some key issues that employers need to be mindful of in order to maintain employee safety and wellbeing, whether your staff are based indoors or outdoors.

Key issues relating to indoor workers are [...]

By |July 19th, 2016|HR / Employment Law News|

EAT examines admissibility of pre-termination negotiations

In Faithorn, Farrell, Timms LLP v Bailey UKEAT/0025/16/RN, the EAT has examined the admissibility of pre-termination negotiations (aka ‘protected conversations’) held under section 111A of the Employment Rights Act 1996 for the first time.

The EAT found the following:

The existence and content of protected conversations are inadmissible under section 111A.
The existence of a claim other than unfair dismissal (e.g. a discrimination claim) does not render the existence and content of protected conversations admissible in [...]

By |July 14th, 2016|HR / Employment Law News|

EAT finds teacher married to sex offender was discriminated against on the grounds of her religious beliefs

The Claimant was a primary school teacher with many years exemplary service. She was summarily dismissed by the school for failing to leave her husband, also a teacher, after he was convicted of making indecent images of children and voyeurism. It was accepted that she had no prior knowledge of, or involvement in, her husband’s behaviour, and the Claimant said that because of her Christian faith her marriage vow was a ‘sacrosanct’ promise to [...]

By |June 29th, 2016|HR / Employment Law News|

Review of court and tribunal fees published

Employment Tribunal fees were introduced in July 2013, the two main aims being:

 

to ensure that individuals using employment tribunals contribute to the cost of running the system where they can afford to do so;
to encourage individuals to look for alternatives, such as mediation, before pursuing matters via the employment tribunal.

 

Fees are two-tiered. Type A claims being basic cases relating to unlawful deductions, holiday pay and redundancy payments. Type B claims involve more complex [...]

Carneiro will have her day in court

Our previous blog highlighted the case of Carneiro v Chelsea following her speedy attempts to provide aid to a Chelsea player during a key point in the match with Swansea at Stamford Bridge in August 2015 and Jose Mourinho’s explosive response.

Many speculated that this was unlikely to see the inside of the tribunal court room and would settle for a tidy sum. Lawyers have now revealed that that tidy sum amounted to £1.2 million. However, [...]