Forced repayment of training costs lawful

Was it lawful for a company to force their employee to repay their training costs even though this effectively took them below the minimum wage? Yes it was, where the contract was clear about this, and the dismissal was the… Read on

Dismissal for offensive tweets unfair

How did the EAT approach the fairness of a dismissal for posting offensive tweets? The EAT has recently found that it was, indeed, fair to dismiss an employee for making offensive tweets in a case which highlights the considerations that… Read on

Gross misconduct and mental illness

In the case of Burdett v Aviva Employment Services Limited, the EAT considered the potentially thorny issue of dismissing an employee who was a paranoid schizophrenic. Background Mr Burdett was diagnosed as suffering from schizophrenia – a disability within the… Read on

What is ACAS early conciliation?

Early Conciliation is a service offered by ACAS to allow potential claimants and employers to try to settle a dispute before employment tribunal proceedings are issued. A potential claimant must lodge a form with ACAS before they can commence an… Read on

Important case on time limits

The EAT has recently confirmed that time limits for bringing discrimination claims for detrimental treatment run from the date on which the decision to make the detriment was taken as opposed to when the employee learns of it. The case… Read on

Confidentiality v free speech

Could a Hungarian TV broadcaster rely on a confidentiality clause to dismiss a journalist who had made allegations of censorship? No it couldn’t, without infringing the journalist’s right to freedom of expression, said the European Court of Human Rights in… Read on

Reasonable adjustments and sickness absence

Can employers take disability related sickness into account when dismissing for poor attendance? In the case of General Dynamics Information Technology v Carranza, the EAT considered this issue, and the question of whether it would be a reasonable adjustment not… Read on

Colour-blind ban discriminatory against men?

Police Scotland has accepted that it needs to reverse its ban on recruiting colour-blind trainees. This is in the face of Employment Tribunal proceedings alleging that this disadvantaged more men when compared to women; the reason being that more men… Read on

Round-up of Employment Law Changes in October 2014

National Minimum Wage The new rates of National Minimum Wage for the year 1 October 2014 – 30 September are published: Read the current rates of NMW here Equal pay audits Employment Tribunals must order an equal pay audit upon… Read on

Apprentices were actually employees

In the recent case of HMRC v. Holmescales Riding Centre 2014, the EAT held that a riding school’s trainees were in reality ordinary employees and not apprentices. Accordingly, the trainees were entitled to receive the National Minimum Wage applicable to… Read on