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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

Employer Liability For Driver Negligence

Employer Liability For Driver Negligence

The case of Tomasz Kroker who killed a mother and 3 children because he was looking at his phone while driving has highlighted a risk to employers who do not take driver discipline seriously.

The driver, convicted and sentenced to 10 years in prison this week, is a reminder to employers about the importance of strict discipline for drivers and rules regarding distractions. Read More

Uber Drivers Are Workers So Far

The Tribunal of the first instance has released its detailed reasoning in the Uber case which looks at whether drivers of cabs, controlled by Apps on a smart phone, are self-employed, or Workers. The reason it is important, not only for Uber, for any business, is that a “Worker” is entitled to minimum wage, and paid annual holiday, whereas a self-employed person is not.  The employer in this case clearly thought they would not have to worry about such expense. In a nut shell, Uber said that the drivers were self-employed. They were called self-employed, they received what Uber called an invoice from the drivers, and they were free to not attend work if they wanted. Uber provided the App, passengers book the cab, and then Uber provide that booking to a driver. The driver takes the passenger, and then the passenger pays Uber with a credit card. At the end of the week, Uber then pays the driver, minus a commission from each fare. Worker Or Employee? There are in short three types of person who does work for money. The self-employed, who pay their own stamp, pay their own tax, and have few rights. They cannot claim unfair dismissal, and they cannot claim holidays or the minimum wage. Workers, who cannot claim unfair dismissal, but can claim holiday pay, and the National Minimum, or living, Wage. Employees, who get holiday, the minimum wage, and the right to claim unfair dismissal after two years’ service. This Case Uber said the drivers were self-employed, and so did not pay holidays or minimum wage. With the number of drivers involved,...

Gay vs Christian: Discrimination Bake Off

  Employment law shares certain standards with the supply of good or services to the public. Discrimination is one of those shared spaces and some may recall the so called “gay cake” debacle in Northern Ireland a little while back. The matter has continued “to rise” and has just been heard in the Court of Appeal. The facts, in brief, are that a gay group asked a Christian baker to bake a cake which had the image of Bert and Ernie from the Muppets and the slogan “Support Gay Marriage” emblazoned upon it. The Christian baker, having initially accepted the order, cancelled it and directed the gay group to several other bakers who would be content to make the cake. The baker stated the reason was that the message was in conflict with his Christian beliefs. The gay group sued the baker for discrimination. This case raises all sorts of interesting questions for employers and some fairly meaty issues for lawyers hiding amongst the cakes and hot cross buns. The result of what is at times an unintelligible judgment is that religious belief does not trump sexual orientation in a discrimination case. The baker discriminated against the gay group in its supply of services to the public, and that is all an employer or business really needs to know. No protected characteristic automatically trumps another. If the facts had been the other way around, ie a gay baker refused to bake a cake with a Christian slogan on it because he felt Christian views conflicted with his own, then the gay baker would have been guilty of discrimination because...
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