Law Updates

Assisted Suicide and Inheritance

10th April 2019 by Melanie Christodoulou

“Prosecution” Ruled a Key Factor in Waiving the Forfeiture Rules The Forfeiture Rules are a set of rules laid down by...

Long-term sickness and dismissal

31st January 2019 by Amanda Okill

Incapacity is a potentially fair reason for dismissal. And while the dismissal of an employee who is on long-term sickness...

Worker status and the right to union recognition

31st January 2019 by Andrew Masters

Most of the cases dealing with the employment status of workers in the gig economy have concerned claims for paid...

Disability Discrimination and early retirement

30th January 2019 by Tessa Robinson

One of the many differences between direct discrimination and discrimination because of something arising in consequence of an employee’s disability...

Meaning of disability

30th January 2019 by Amanda Okill

Some conditions are excluded from the definition of disability. A tendency to steal, set fire to things or abuse others...

Limiting discrimination claims

30th January 2019 by Amanda Okill

Tribunal hearings can be a complicated business, especially when there are multiple allegations of discrimination to wade through. An Employment...

Minimum Wage and ‘sleep-over’ shifts

30th January 2019 by Andrew Masters

A case of particular importance to the care sector is the Court of Appeal decision in Royal Mencap Society v...

Redundancy and alternative work

30th January 2019 by Amanda Okill

Any employer proposing to make an employee redundant should consider whether there is any alternative work that might be offered...

Resignation and unfair dismissal

30th January 2019 by Tessa Robinson

If an employee gives notice of resignation and the employer accepts it, then the normal rule is that the employee...

Legal advice and discrimination

30th January 2019 by Andrew Masters

In X v Y Ltd, X was employed as a lawyer and was made redundant as part of a major...

Transfer of Undertakings – Unrelated changes to terms and conditions

8th January 2019 by Amanda Okill

One of the most difficult aspects around the law of TUPE transfers is the restriction on employers changing an employee’s...

Disciplinary hearings – Employee requests postponement

8th January 2019 by Tessa Robinson

Under the statutory right to be accompanied, an employee may postpone a disciplinary or grievance hearing if his or her...

Unfair Dismissal – Employers and fair investigations

8th January 2019 by Amanda Okill

In a disciplinary process it is important that the employer carefully identifies exactly what the employee is accused of doing...

Worker status – Uber drivers are workers

8th January 2019 by Andrew Masters

In Uber BV v Aslam and Others the Court of Appeal has held that Uber drivers are ‘workers’ and therefore...

Employment law update January 2019

8th January 2019 by Andrew Masters

Whatever 2019 holds in store, you might think it unlikely that the Government would have time to give serious thought...

Date of dismissal – when does notice start?

20th September 2018 by Andrew Masters

When an employee is dismissed with notice, that is sometimes done face to face - but notice can also be...

Constructive dismissal and breach of contract

20th September 2018 by Andrew Masters

A constructive dismissal occurs when the employee resigns in response to a fundamental breach of contract on the part of...

Whistleblowing, public interest and sufficient information

20th September 2018 by Andrew Masters

It is automatically unfair to dismiss an employee – or subject a worker to any detriment - for making a...

Race Discrimination

20th September 2018 by Amanda Okill

In City Hospitals Sunderland v Iwuchukwu, the employee was a breast surgeon and the only black African consultant employed by...

Religious harassment, context is crucial

20th September 2018 by Tessa Robinson

In harassment cases, context is crucial. A seemingly innocent remark, when placed in its proper context, may well amount to...