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

Return of confidential information not possible

Could a company force a director to return confidential documents when there was no clause dealing with this in his employment contract? No it couldn’t, said the High Court in Eurasian Natural Resources v. Judge. Companies will want to make… Read on

Holiday pay/overtime important update

We report on the latest development in the claims for underpaid holiday, and the decision that non-guaranteed overtime should be included in the cases going under the banner Bear Scotland v. Fulton. The Bear case was one of a group… Read on

Sports Direct backs down on zero-hours contracts

As part of an out-of-court settlement, Sports Direct has agreed to rewrite its job adverts and employment contracts to make it clear that its zero hours staff (nearly 90% of its workforce) are not guaranteed work. Zahera Gabriel-Abrahem, who was… Read on

Bonus payments discretionary

In the case of Brogden v Investec Bank, the High Court considered whether the amount of a bonus pool was discretionary, meaning that Investec was required to act in good faith in calculating it. The bankers in question had received… 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

Richard Branson’s unlimited holiday – publicity stunt?

Believing that all workplaces should “throw away the book” on annual leave policies, Richard Branson has announced, via his blog, that all of his employees at Virgin will now be entitled to unlimited holiday. Following in the footsteps of Netflix,… Read on

Should payslips specify pay deductions?

Yes, or the employer may have to forfeit the debt said the Employment Appeal Tribunal in Ridge v HM Land Registry. Background Mr Ridge had exhausted his sick pay entitlement. His pay was adjusted by his employer for the month-end… Read on

Did employee’s contract breach exonerate employers of theirs?

Could an employee’s own breach stop them from claiming against the employer? No, according to the Employment Appeal Tribunal in the recent case of Atkinson v. Community Gateway Association. Background Mr Atkinson wanted to bring a claim of constructive dismissal… Read on