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 [...]

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 [...]

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 [...]

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 [...]