Employment and Pensions By Alex Lock For all the latest news and comment on employment and pensions law.
Employment and Pensions Group Webinars By Alex Lock For all the latest news and comment on employment and pensions law.
TUPE Dismissals: The dismissal of an employee because of a bad working relationship with a colleague was a TUPE related dismissal By Zoë Wigan The dismissal of an employee on the day of a TUPE transfer because her new employer anticipated ongoing problems with a fellow employee was automatically unfair under TUPE
Court of Appeal judgment: Sleep-in shifts do not count as time work for National Minimum Wage (NMW) purposes By Joanne Bell The Court of Appeal has today handed down its much anticipated judgment in the case of Royal Mencap Society v Tomlinson-Blake. In allowing Mencap's appeal against the judgment of the Employment Appeal Tribunal it held that care workers doing…
Equal Pay: Comparators By Ceri Fuller The EAT has held that a group of female employees' right to equal pay was not affected by the promotion of their comparator.
Disability discrimination: Long working hours By Ceri Fuller The Court of Appeal has confirmed that an expectation that a disabled employee would work long hours amounted to a provision, criterion or practice for the purposes of a claim of failure to make reasonable adjustments.
Pensions and age discrimination: certain pension schemes changes could amount to age discrimination By Ceri Fuller Under the Equality Act 2010, discrimination on grounds of age is unlawful unless it can be objectively justified as a proportionate means of achieving a legitimate aim.
Subject access requests under the GDPR: much ado about nothing? By Ceri Fuller There is no denying that the General Data Protection Regulation ("GDPR") will have far reaching consequences for how data is processed but, within the employment context, is the hype really justified? For instance, how will the data subject access…
Wrongful constructive dismissal: don't give misleading reasons for dismissal By Ceri Fuller Employer's false explanation that the reason for dismissal was reorganisation, when it was poor performance, breached the implied term of trust and confidence.
Discrimination: part time workers By Ceri Fuller In this case, the EAT upheld a tribunal's decision that 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.
Constructive dismissal: suspension was not a neutral act but a repudiatory breach of contract By Ceri Fuller The High Court has held that the suspension, pending investigation, of a teacher accused of having used unreasonable force against children was a breach of trust and confidence.
Privilege: confidentiality and "clean hands” By Ceri Fuller In this case, the High Court considered whether a document was privileged, looking at whether it was confidential as between the employer and the employee, and whether the employee claiming privilege had “clean hands”. The facts Mr Simpkin was…
