Employment Law Updates
The Importance of Proper Consideration of Appeals
A recent Employment Appeal Tribunal case further emphasises to employers that they cannot ignore a disability even if they only find out about it after an employee has been dismissed.   Where an employee has more than two years’ service (and therefore has the right to claim unfair dismissal) employers...
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Employment Law Updates
Entitlement to Discretionary Bonus
The Appeal Tribunal has released judgment on a case looking at when a bonus expressed as being “Discretionary” becomes an entitlement. The judgment comes as no surprise to employment lawyers and follows a theme that has been followed for some years. As a general rule, if an employee comes to...
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Employment Law Updates
Online Employment Tribunal Decisions
Some employers may be surprised to know that all Employment Tribunal decisions made from February 2017 onwards are freely available online. Decisions made before this date are publicly available but you have to go to Bury St Edmunds County Court to get them.   Whilst we are not aware of...
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Employment Law Updates
Can Notice Be Withdrawn, Has It Been Given?
The Appeal Tribunal has handed down judgment in a case that may shock some employers.   An employee handed in her notice within the admin department of an NHS Trust because she had been offered a job elsewhere in the Trust. The notice said “Please accept one months notice from...
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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
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
An Example of a Practical Approach to Holiday Pay
When the self-employed are found to be workers And so are entitled to holiday pay An employer whose business model uses “gig staff” (presumed to be self-employed often) has told a committee of MP’s that if a worker takes them to Tribunal and wins, gaining rights to paid holiday and...
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