The dilemma of upholding a complaint of bullying or discrimination in the context of a grievance

The sixty-four-thousand-dollar question: How does an employer uphold a complaint of bullying or discrimination without risking further exposure to a related Employment Tribunal claim?

As is invariably the case in respect of grievances that include complaints of bullying, harassment and discrimination, the employer is caught between the devil and the deep blue sea in this regard.

Should it try desperately not to make any admissions for fear of providing further evidence in support of the employee’s [...]

By |September 23rd, 2016|HR / Employment Law News|

Tribunal rules voluntary overtime should be included in holiday pay

The recent case of Brettle and Others v Dudley Metropolitan Borough Council marked a further development in the evolution of case law surrounding the correct basis for calculating a worker’s entitlement to holiday pay, which has been ongoing since 2010 and pilots arguing (in Williams v British Airways) that they should have been paid flight time supplements whilst on holiday.

In Brettle, Birmingham West Employment Tribunal determined that workers who worked regular overtime on a [...]

By |September 9th, 2016|HR / Employment Law News|

Latest tribunal stats show continuing reduction in claims

The Ministry of Justice has published the latest quarterly Employment Tribunal (ET) and Employment Appeal Tribunal (EAT) statistics for the period April to June 2016, the most eye catching of which is that single claims to the ET have fallen again in the last 12 months. Other figures of note include:

4,200 single claims were received in this quarter, a reduction of 3% compared to the same period in 2015.
Of the 5,100 Employment Tribunal [...]

By |September 9th, 2016|HR / Employment Law News|

Restrictive Covenants – High Court decision provides further guidance on enforceability

Employers seeking to protect their business in the event of a key employee leaving who may be able to take customers with them will normally include restrictive covenants in employment contracts in order to reduce the scope for this occurring. Such restrictions will be considered void in law as being “in restraint of trade” unless they protect a legitimate interest and are deemed reasonable in the circumstances. The protection of a legitimate interest usually [...]

By |September 5th, 2016|HR / Employment Law News|

EAT confirms scope for curing defects in disciplinary procedure on appeal

It has long been the case that in determining the fairness of a dismissal, an employment tribunal will consider whether any applicable appeal process cured procedural defect(s) that occured during a corresponding dismissal. In this regard, the Court of Appeal (in Taylor v OCS Group Limited) confirmed that an appeal does not need to take the form of a complete rehearing in order to achive this as it is the fairness of the overall disciplinary [...]

By |September 5th, 2016|HR / Employment Law News|

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|