Articles - DAC Beachcroft

Articles by Joanne Bell

Enforceability of restrictive covenants – the devil is in the detail

Enforceability of restrictive covenants – the devil is in the detail

The judgment on 3 July from the Supreme Court is the first decision in a century that the highest court has considered employee restrictive covenants. ...

Court of Appeal confirms regular voluntary overtime should be included in holiday pay

Court of Appeal confirms regular voluntary overtime should be included in holiday pay

The Court of Appeal has upheld the Employment Appeal Tribunal (EAT) decision in Flowers v East of England Ambulance Trust. It has confirmed that volun ...

Court of Appeal confirms voluntary overtime should be included in holiday pay under Agenda for Change (for NHS employers)

Court of Appeal confirms voluntary overtime should be included in holiday pay under Agenda for Change (for NHS employers)

The Court of Appeal has upheld the Employment Appeal Tribunal (EAT) decision in Flowers v East of England Ambulance Trust. It confirmed that clause 13 ...

Majority of Court of Appeal find that  Uber drivers are Workers

Majority of Court of Appeal find that Uber drivers are Workers

The Court of Appeal (CoA), by a majority, has upheld the Employment Tribunal and Employment Appeal Tribunal (EAT) decisions that Uber drivers should b ...

Government sets out Good Work Plan - new rights for workers

Government sets out Good Work Plan - new rights for workers

Yesterday the Government published "The Good Work Plan" which sets out how it will implement 50 out of the 53 recommendations of the Taylor Review of ...

Court of Appeal judgment: Sleep-in shifts do not count as time work for National Minimum Wage (NMW) purposes

Court of Appeal judgment: Sleep-in shifts do not count as time work for National Minimum Wage (NMW) purposes

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 ap ...

Voluntary overtime should be included in holiday pay under Agenda for Change

Voluntary overtime should be included in holiday pay under Agenda for Change

The Employment Appeal Tribunal (EAT) has decided that clause 13.9 of Agenda for Change (AfC), which deals with pay during annual leave, gives a contra ...

Harassment: Was an employee harassed on the grounds of his religion when a colleague asked him whether he promoted Islamic State?

Harassment: Was an employee harassed on the grounds of his religion when a colleague asked him whether he promoted Islamic State?

The EAT has upheld a tribunal’s judgment that, taking the context into account, a Muslim employee had not suffered religious harassment when a colleag ...

Disability Discrimination: Dismissing for misconduct where the misconduct is caused by disability

Disability Discrimination: Dismissing for misconduct where the misconduct is caused by disability

A dismissal for misconduct can be discriminatory even if the employer does not know that a disability has caused the misconduct.

Unfair Dismissal: A dismissal without prior warning can be fair even if the misconduct is "serious" rather than "gross"

Unfair Dismissal: A dismissal without prior warning can be fair even if the misconduct is "serious" rather than "gross"

The EAT has held that a dismissal without prior warning is not necessarily unfair where the conduct falls short of being gross misconduct.