Employment and Company & Commercial Law Updates 

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Sleeping at work: Is it working time?

Sleeping at work: Is it working time?

The Employment Appeal Tribunal (EAT) have handed down a judgment which aims to assist employers in working out whether they should pay the minimum wage to workers for time spent sleeping. The case of Focus Care Agency v Roberts is essential reading for those who have to make that decision and it applies particularly in the care and security sectors. Paragraph 44 sets down four considerations. Read More

Worker Or Self Employed?

Worker Or Self Employed?

The Court of Appeal has handed down a judgment on whether or not a sub-contractor was in fact a worker, or properly self-employed.

It is very important to note that this question is dealt with from an employment rights point of view, not a tax point of view. The reason it matters is that a self-employed contractor does not have entitlement to minimum wage, or paid holidays or to claim discrimination. A “WORKER” does have those rights. Read More

Negligence As Gross Misconduct

Negligence As Gross Misconduct

The Court of Appeal has issued a judgement that has re-stated the position that negligence can be so bad as to be gross misconduct and justify summary dismissal.

In this particular case, a senior manager became aware that another manager was undermining a consultation exercise. The original senior manager, although he knew of this subversive activity, did nothing to stop further activity or bring the subversive activity to the attention of someone else. Read More

Definition Of Disability: Diabetes & Discrimination

Definition Of Disability: Diabetes & Discrimination

The Appeal tribunal has made a ruling that progressive conditions, such as type 2 diabetes, which do not have a substantial adverse impact on the employee at the time the matter is tried, but which may develop to an extent that they do have such an impact, ARE disabilities, or at least they can be. Read More

Gender Pay Gap Reporting

Gender Pay Gap Reporting

Legislation introducing a new requirement to publish gender pay gap information is expected to come into force on 6 April 2017. It is the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017. Read More

Stress & Disability Discrimination

Stress & Disability Discrimination

A judgment from the Appeal Tribunal has been handed down and comes as a relief to many practitioners who now welcome judicial guidance on this common problem.

In the case of Herry v Dudley MBC, the employee claimed to be disabled by virtue of workplace stress. His doctor supported this and reported him as suffering from stress. Read More

Rest Breaks and Working Time

Rest Breaks and Working Time

A case at an Appeal Tribunal has looked at rest breaks, specifically the need for 20 minutes break if a worker works 6 hours or more. The case is Grange v Abellio London and concerned a bus controller.
The employee used to work an 8.5 hour day, with a half hour for lunch. It was admitted that he often found it hard to take that break. However, in 2012 the employer instructed the employee to work straight through for 8 hours and just leave half an hour early. Read More

Redundancy Consultation Process And Unfair Dismissal

Redundancy Consultation Process And Unfair Dismissal

The Appeal Tribunal has set out a judgment that can be said to give the London Employment Tribunal a lesson in judging the fairness of a redundancy consultation. In this respect, it is essential reading for employers wishing to avoid unfair dismissal when consulting during a redundancy. Read More

Final Warnings and Unfair Dismissal

Final Warnings and Unfair Dismissal

n the case of Bandara v BBC (2016) the Appeal Tribunal has examined how to determine if a dismissal was fair when there was an inappropriate final warning on the employee’s record.

It is important to put the facts of this judgment into context. The employee had an unblemished record for nearly 18 years. Then, with a change in management, he committed two offences, three and a half months apart (March and July), that resulted in a disciplinary hearing and a final warning issued eventually in November. Read More

Legal Updates

Legal Updates

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