Employment Law Updates
Worker or Self Employed?
The Employment Appeal Tribunal has ruled against an employer in the continuing battle over Employment Rights in the gig economy, taking DBS checks and the obligation to accept jobs when logged on, as clear indicators.  A recent ruling in the EAT upheld the Employment Tribunal’s decision that an Addison Lee...
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Employment Law Updates
Working Time When On Stand By
A case from the European Court has examined whether stand by time is working time. Stand by time in this context was where the employee could be at home, as long as he was within a distance that allowed him to respond at work within a set time. The actual...
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Employment Law Updates
Disability and Potential Cancer
A problematic judgment last month from the Appeal Tribunal has been published concerning when a pre-cancerous growth should be treated as a disability. Many conditions have to be assessed in terms of their impact upon an employee before an employer can truly know whether the employee has a disability. Many...
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Employment Law Updates
Dismissal Of Pregnant Employee Was NOT Discriminatory
The Appeal Tribunal has handed down a judgement in a case where the employer dismissed a probationary employee only to discover afterwards she was pregnant. The employee sued for discrimination and claimed that because the dismissal was due to her absence, and highly emotional state, it “must have been obvious”...
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Employment Law Updates
Events
Advice For Employers In Advance Of The Bad Weather
In anticipation of the minor snow fall we are expecting, and in response to several queries already, we anticipate that some employers are wondering whether they have to pay an employee who does not make it to work due to snow fall. Generally, and in most circumstances, the answer is...
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Employment Law Updates
Guidance To Employers Determining If An Employee Is Disabled
In this case, an employer dismissed an employee who had been absent for 128 days.  The reasons for the absence were given as various, but included Work Related Stress and blood pressure. The employee brought claims, relying on being disabled and included a claim for failure to make reasonable adjustments....
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Employment Law Updates
Holiday Pay and Worker Status
The European Court of Justice handed down a judgment on 30th November that might have wide ranging implications for employers and must be understood, if only to assess the risk posed to any business. The case is called King v Sash Windows (2017) and the full judgment can be read here....
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Employment Law Updates
Illegality and the Right to Work
An employer is under an obligation to satisfy itself of an employee’s right to work, and the fines for failing to do this can be substantial. In a case in the Appeal tribunals, a case has been examined where an employer wrongly required evidence of the right to work of...
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Employment Law Updates
Suspension – Is it always fair?
In the case of Agoreyo v London Borough of Lambeth, a local authority suspended a teacher after allegations of using force on children. Suspension is an extremely common response to allegations which might amount to gross misconduct. If an employer has left an employee in situ after serious allegations, the...
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Employment Law Updates
Redundancy & Selecting For New Posts
A case this month has examined the practice of selecting for redundancy by making employees compete for new roles and sacking the unsuccessful applicants.  It has long been established that the selection criteria for selecting in this way, i.e. who gets a new post, are judged by a slightly different...
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