London - Fetter Lane
London
100 Fetter Lane London
Ceri Fuller's Expertise
Alongside her advisory practice, Ceri Fuller has experience of all aspects of contentious and non-contentious employment law. Ceri has particular expertise in equality and discrimination issues. Ceri regularly designs and delivers bespoke training on all aspects of employment law for managers, HR professionals and in-house lawyers of both public and private organisations.
Ceri also oversees the Group’s monthly newsletters, which set out key employment law developments in the preceding month and analyse what these mean for employers. She regularly briefs clients on these issues.
Ceri trained at DAC Beachcroft joining the Group on qualification in 1999. Ceri headed up the Group's client training unit from January 2009 until moving into her current role of Practice Development Manager, in 2016.
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Articles
Breach of Contract: Foundation trust did not breach consultant's contract when it investigated its concerns outside the MHPS framework
By Ceri Fuller
The High Court has held that the provisions of MHPS were not incorporated into a consultant's…
Equal Pay: Time limits for bringing claims
By Ceri Fuller
The EAT has held that a “stable working relationship” can potentially be maintained where workers…
Unfair Dismissal: Redundancy trial periods
By Ceri Fuller
An employer’s failure to offer a contractual trial period was likely to mean that the employee’s…
Employment Matters - December 2018
By Ceri Fuller
DAC Beachcroft's Employment Matters December 2018 focuses on some of the most interesting cases and…
Worker Status: Addison Lee taxi drivers are workers
By Ceri Fuller
The EAT has upheld an employment tribunal decision that drivers working for Addison Lee were…
Employment Matters - November 2018
By Ceri Fuller, Zoë Wigan
DAC Beachcroft's Employment Matters November 2018 focuses on some of the most interesting cases and…
EU Settlement Scheme: Helping you support EU staff
The Government has announced that the majority of employees working in the Health and Social Care…
Data Protection: Employer vicariously liable for a rogue employee's internet disclosure of 100,00 employees' personal information
By Ceri Fuller
The Court of Appeal has upheld a High Court decision that Morrisons was vicariously liable in…
Holiday Pay: Employers need to show they have encouraged their workers to take the holiday they have accrued
By Ceri Fuller
In two co-joined German cases, the European Court of Justice has looked at the issue of when a…
Disability Discrimination: Despite a failure to issue job descriptions reflecting a disabled employee's adjusted duties, there was no discrimination
By Ceri Fuller
Although an employer had not issued job descriptions showing adjustments made to a disabled…
Disability Discrimination: Causation test for discrimination arising from a disability
By Ceri Fuller
The causation test for discrimination arising from a disability must not be applied too strictly.
Employment Tribunals: Claims of unlawful deductions from wages
By Ceri Fuller
The Court of Appeal has held that employment tribunals have jurisdiction to resolve disputes about…
Discrimination: Was it harassment to call a colleague with Type 1 Diabetes a "fat ginger pikey"?
By Ceri Fuller
An employee suffering from type 1 diabetes, with strong links to the traveller community, was not…
Refusal to provide cake with slogan "Support Gay marriage" not discriminatory
By Ceri Fuller
The Supreme Court has held that a bakery did not discriminate against a gay man when it refused to…
Whistleblowing: Individual workers can be liable for a whistleblowing dismissal
By Ceri Fuller
The Court of Appeal has upheld the EAT’s decision that an employee may bring a claim against a…
Vicarious Liability: Employer vicariously liable for Managing Director's assault
By Ceri Fuller
An employer was vicariously liable for its managing director’s assault on an employee when drinking…
Business Immigration: Migration Advisory Committee publishes long awaited report
By Ceri Fuller, Zoë Wigan
The Migration Advisory Committee has now released its long awaited report on EEA Migration which…
Victimisation: When is a protected act done in bad faith?
By Ceri Fuller, Zoë Wigan
The EAT has held that an ulterior motive does not mean a protected act is made in bad faith where…
Employment Tribunal Procedure: Error in an ET1 form and extensions of time
By Ceri Fuller, Zoë Wigan
We successfully appealed against an employment tribunal judgment which granted a claimant an…
TUPE: Changing terms and conditions following TUPE transfer
By Ceri Fuller, Zoë Wigan
The withdrawal following a TUPE transfer of an outdated and unjustified contractual entitlement was…
Disability Discrimination: Incompetent procedure was not discriminatory
By Ceri Fuller, Zoë Wigan
The Court of Appeal has held that an employer’s use of an “arcane and unwieldy” to process an…
Privilege: Judgement on litigation privilege overturned
By Ceri Fuller, Zoë Wigan
The Court of Appeal has overturned a High Court decision about whether litigation privilege will…
Termination of Employment: Ambiguous Resignations
By Ceri Fuller, Zoë Wigan
An employee’s letter to an employer giving “one month’s notice” was not a letter of resignation.
Employment Matters October 2018
By Ceri Fuller
DAC Beachcroft's Employment Matters October 2018 focuses on some of the most interesting cases and…
Unfair Dismissal: No dismissal where the employee successfully appealed under a contractual disciplinary policy
By Ceri Fuller
The Court of Appeal has upheld the EAT’s decision that an employee who successfully appealed their…
Menopause: Is it a disability?
By Ceri Fuller
A Scottish tribunal case has highlighted that women who have the symptoms of the menopause may be…
Sexual Harassment in the workplace
By Ceri Fuller
Far reaching proposals for reform would, if adopted, bring significant changes for employers.
Data Protection: Disclosure of mixed personal data
By Ceri Fuller
The Court of Appeal has considered the circumstances under which personal data which relates to a…
Employment Status: Employment Tribunal find Hermes couriers were workers
By Ceri Fuller
Following on from the Pimlico Plumbers case, an employment tribunal has found that couriers of…
Unfair Dismissal and Immigration: Employer should have allowed employee a right of appeal when he had been dismissed for failing to evidence his right to work
By Ceri Fuller
The EAT has held that the dismissal of an employee for failing to provide evidence of his right to…
Disability Discrimination: Failure to consider part time working
By Ceri Fuller
An employment tribunal erred in not considering whether part-time working as an alternative to…
Employment Matters August 2018
By Ceri Fuller, Hilary Larter, , Emma Morgan
This month, the Court of Appeal held that workers on sleep in shifts are only entitled to the…
Whistleblowing: Protected disclosures
By Ceri Fuller
In this case, the Court of Appeal considered the circumstances under which allegations might amount…
Zero Hours Contract: Part time workers' discrimination
By Ceri Fuller
A part time associate lecturer on a zero hours contract was employed under the same type of…
Disability Discrimination: An employer discriminated by disciplining a disabled employee for sixty days’ sickness absence
By Ceri Fuller
The EAT has held that an employer failed to objectively justify its decision to discipline a…
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…
Unfair Dismissal: automatically unfair dismissal for trade union activities
By Ceri Fuller
When is an employee’s conduct so bad that dismissal for carrying out trade union activities will…
Employment Matters July 2018
By Ceri Fuller
DAC Beachcroft's Employment Matters August 2018 focuses on some of the most interesting cases and…
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…
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…
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…
Unfair Dismissal: Summary dismissal for a pattern of behaviour, rather than a single act of gross misconduct, can be fair
The dismissal of a surgeon with an unblemished record for a series of misconduct issues was…
Constructive Dismissal: Unilateral imposition of a pay cut can never be reasonable and proper
An employer can never have a reasonable and proper cause for breaching the implied term of trust…
Constructive Dismissal : Last straws
The Court of Appeal has confirmed that a last straw incident can revive the employee’s right to…
Employment Matters June 2018
This month has seen some interesting case law on unfair dismissal…
References: Do reference writers have to consider whether earlier investigations have been fair?
By Ceri Fuller
An employer was not negligent where it had provided a reference containing negative opinions formed…
Redundancies and Unfair Dismissal: Does an employer have to consider "Bumping" in redundancy situations?
By Ceri Fuller
In this case, the EAT considered whether employers are required to consider bumping junior…
Discrimination? No discrimination where shared parental leave pay and enhanced maternity pay are not paid at the same level
By Ceri Fuller
If you offer enhanced maternity pay do you also have to enhance shared parental leave pay? On 11…
Contractual Notice: In the absence of an express term, when does notice of termination take effect?
By Ceri Fuller
If there is no express contractual term, contractual notice takes effect on the date when it comes…
GDPR: less than a month to go and counting
By Ceri Fuller
After a two year countdown the implementation date for the General Data Protection Regulation…
Employment Matters May 2018
Now that the first round of reporting gender pay and bonus gaps has been done, the next deadline…
Disability discrimination: Long working hours
The Court of Appeal has confirmed that an expectation that a disabled employee would work long…
Pregnancy discrimination: An employer cannot discriminate on the grounds of pregnancy if it does not know about the pregnancy
To be liable for automatic unfair dismissal or discrimination on the grounds of pregnancy, the…
Employment tribunals: Costs orders
The EAT has confirmed that costs orders can be awarded in respect of costs incurred before the…
Disability discrimination: Is a “pre-cancerous” condition a disability?
The EAT has held that a tribunal was wrong to decide that a form of skin cancer described as…
National minimum wage: Consultation on new national minimum wage rates and national living rates
The Low Pay Commission has opened a consultation seeking views on existing national minimum wage…
TUPE: Service provision changes and fragmentation
In this case, the EAT considered whether there had been a service provision change where the…
Unfair dismissal: It was reasonable to dismiss a head teacher for not disclosing a relationship which presented a risk to children
The Supreme Court has upheld a tribunal decision that a school acted reasonably in dismissing a…
Employment Matters April 2018
This month, the world of employment law has produced a rich variety of cases, as covered in this…
Increase in compensation limits, payments for time off work and national minimum wage
By Ceri Fuller, Zoë Wigan
Compensation limit Current From 6 April 2018 Maximum limit on a week's pay £489 £508…
Pensions and age discrimination: certain pension schemes changes could amount to age discrimination
By Ceri Fuller, Zoë Wigan
Under the Equality Act 2010, discrimination on grounds of age is unlawful unless it can be…
Injunctions: springboard injunction could be appropriate where the employee breaches a contractual term requiring him to tell his employer about job offers from competitors
By Ceri Fuller, Zoë Wigan
The Courts have held that a 12 month springboard injunction preventing an employee from working for…
Disability discrimination: when does the employer "know" about a disability?
By Ceri Fuller, Zoë Wigan
This Court of Appeal decision confirms that an employer does not have to take every possible step…
Whistleblowing: awards for detriment claims may include post-termination losses
By Ceri Fuller, Zoë Wigan
The Court of Appeal has held that, in principle, whistleblowers can claim post-termination losses…
Working time: compensation for injury to feelings can be awarded in claims for working time detriment
By Ceri Fuller, Zoë Wigan
The EAT has held that tribunals have the jurisdiction to make awards for injury to feelings in…
Employment Matters March 2018
By Ceri Fuller, Zoë Wigan
Our first two cases this month will not be welcomed by employers as they allow for the possibility…
Working Time Regulations: compensatory rest breaks must be a single continuous period of at least twenty minutes
By Ceri Fuller, Zoë Wigan
In this case, the EAT considered whether compensatory rest must be taken in one uninterrupted…
Unfair Dismissal: effective date of dismissal
By Ceri Fuller, Zoë Wigan
The effective date of termination for a summary dismissal is the date on which the employee is told…
Covert Surveillance: does it breach the right to privacy?
By Ceri Fuller, Zoë Wigan
The use of hidden cameras did violate the right to privacy of employees who were dismissed for…
Collective Bargaining: outsourced workers not entitled to collectively bargain with "De Facto" employer
By Ceri Fuller, Zoë Wigan
The Central Arbitration Committee has rejected a claim that outsourced workers employed at a…
Whistleblowing: the person subjecting a whistleblower to a detriment must be personally motivated by a protected disclosure
By Ceri Fuller, Zoë Wigan
The EAT has decided that, to be liable for a detriment under whistleblowing legislation, a person…
Whistleblowing: a detriment claim can be brought against overseas colleagues
By Ceri Fuller, Zoë Wigan
The EAT has held that whistleblowing claims can be brought against co-workers who are based abroad…
Employment Matters February 2018
By Ceri Fuller, Zoë Wigan
Not many will have missed the coverage of events at the Presidents Club dinner last month where…
Gender Pay Reporting - what NHS bodies need to know and do before 31 March 2018: Webinar
DAC Beachcroft's recognised experts, James Rhodes and Ceri Fuller cover what NHS bodies need to…
Whistleblowing: Disclosures made purely in self-interest are not protected
By Ceri Fuller, Zoë Wigan
In this case the EAT held that an employee who raised compliance issues purely out of concern for…
Data Protection: Employer held vicariously liable for employee data breach
By Ceri Fuller, Zoë Wigan
The High Court (Langstaff J) handed down a significant decision holding Morrisons supermarkets…
Protected conversations: When can an employment tribunal hear evidence about a protected conversation?
By Ceri Fuller, Zoë Wigan
In this case, the EAT has held that a tribunal can consider evidence of protected conversations…
Disability discrimination: Employment tribunal was right to find perceived disability discrimination
By Ceri Fuller, Zoë Wigan
The Facts In this case the EAT upheld an employment tribunal decision that a police officer, who…
Collective bargaining: Unlawful inducements to cease collective bargaining
By Ceri Fuller, Zoë Wigan
The EAT has upheld an employment tribunal's decision that an employer offered employees unlawful…
Subject access requests under the GDPR: much ado about nothing?
By Ceri Fuller, Zoë Wigan
There is no denying that the General Data Protection Regulation ("GDPR") will have far reaching…
Tax and employment status: government reforms
By Ceri Fuller, Zoë Wigan
The facts In April 2017, the Government reformed the off-payroll working rules (known as IR35)…
Report on modern working practices published
By Ceri Fuller, Zoë Wigan
A combined report from two House of Commons Select Committees has been published, recommending…
Deliveroo: The CAC decides that riders are not "workers" and not entitled to trade union recognition
By Ceri Fuller, Zoë Wigan
The facts In 2016, the Independent Workers' Union of Great Britain submitted an application for…
The gig economy and worker status developments
By Ceri Fuller, Zoë Wigan
UBER: EAT upholds Employment Tribunal's decision that UBER drivers are "workers".
Increases to family leave and statutory sick payments announced
By Ceri Fuller, Zoë Wigan
The facts In a Written Ministerial Statement from the Department for Work and Pensions, the…
Reimbursement of Employment Tribunal and Employment Appeal Tribunal fees: refund scheme now rolled out in full
By Ceri Fuller, Zoë Wigan
The facts In October the Government launched the initial phase of its tribunal fees refund…
Unfair dismissal: dismissing for illegality
By Ceri Fuller, Zoë Wigan
An employer cannot fairly dismiss an employee for illegality simply because they do not provide the…
Wrongful constructive dismissal: don't give misleading reasons for dismissal
By Ceri Fuller, Zoë Wigan
Employer's false explanation that the reason for dismissal was reorganisation, when it was poor…
Employment Matters December 2017
By Ceri Fuller, Zoë Wigan
This month, holiday pay has been back in focus as a result of a European judgment about a worker…
Parental bereavement: bill published
By Ceri Fuller, Zoë Wigan
The Parental Bereavement Bill has been published and received a second reading.
Tribunal fees: employment tribunal fee refund scheme opens
By Ceri Fuller, Zoë Wigan
Following the Supreme Court judgment on tribunal fees, the Government has launched the first stage…
Mental health at work: report published
By Ceri Fuller, Zoë Wigan
"Thriving at Work", the review into mental health at work commissioned by the Prime Minister, has…
Discrimination: part time workers
By Ceri Fuller, Zoë Wigan
In this case, the EAT upheld a tribunal's decision that the requirement for a part time worker to…
Discrimination: who is liable where the decision maker is influenced by someone else?
By Ceri Fuller, Zoë Wigan
In this case, the EAT considered where liability for discrimination sits when decisions are made…
Unfair dismissal: taking past misconduct into account
By Ceri Fuller, Zoë Wigan
The EAT has held that an employee was not unfairly dismissed when the investigation report gave…
Tax: changes to taxation of termination payments from tax year 2018/2019
By Ceri Fuller, Zoë Wigan
The Government has published the second Finance Bill of 2017 which contains provisions relating to…
Employment Matters November 2017
By Ceri Fuller, Zoë Wigan
This month more employers have published their gender pay and bonus gap results on the Government's…
Monitoring emails: right to privacy was infringed by decision to monitor personal messages sent on a work account
By Ceri Fuller, Zoë Wigan
The Grand Chamber of the European Court of Human Rights has reversed a previous finding on the…
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