Time for lunch?

The EAT has held that an employer may be deemed to have ‘refused’ to permit rest breaks even if an employee has not expressly requested them. It is enough, simply, where an employer puts in place working arrangements such as… Read on

Discrimination by agent (not employer)

We report on a case where a union was held to be liable because of the actions of its officials who were actually employed by a third party, Heathrow Airport, not the union. Background In this case (Unite Union v.… Read on

£100 million Asda equal pay claim gathers momentum

The Employment Tribunal has recently determined that female Asda store workers can compare themselves to male distribution depot workers for the purpose of their equal pay claim. This means that the way is now clear for them to continue with… Read on

Guide: are your contractors ‘workers’?

The Tribunal decision on Uber drivers will concern everyone who employs freelancers and treats them as genuinely self-employed. How can you tell whether your freelancers are, in fact, workers and therefore entitled to paid holiday, minimum wage etc.? To what… Read on

Gay cake case continues

The Irish case highlighting tensions between religious conviction and equal rights has now been determined in the Court of Appeal of Northern Ireland. It concerns a bakery’s refusal to make a cake carrying the message “support gay marriage”. Background The… Read on

Uber drivers are entitled to holiday pay

The Employment Tribunal has made an important decision which looks set to have far wider importance than the 40,000 Uber drivers it directly affects. Background As is well known, Uber works by providing customers with cab rides which are booked… Read on

Voluntary overtime should be included in holiday pay

Whether voluntary overtime should be included with holiday pay remains undecided. We now have a useful indication from an Employment Tribunal of the way these cases will be decided in future. Background This claim was brought by 5 representative claimants,… Read on

Pay protection a reasonable adjustment?

We report on a case where, due to his disability, an employee was given reduced duties, but the employer wanted to reduce his salary accordingly. Were they allowed to do this? Background Mr Powell was employed by G4S Cash Solutions… Read on

Ban on Islamic head scarf: direct discrimination

The Advocate General of the European Court of Justice has recently considered a case in France, where there was a blanket prohibition on Islamic head scarves in a company. This was found to be direct discrimination, and further, because it… Read on