Monitoring employee email: how far can you go?

We have recently reported on an important European Court of Human Rights decision (Barbulescu) in which the ECHR held that Mr Barbulescu’s emails should not have formed evidence against him during his dismissal for excessive use of personal messaging during… Read on

New Case on Burden of Proof in Discrimination Cases

Generally speaking, the burden of proof in civil proceedings is on the person who brings a claim in a dispute. So, for example, it is necessary for an employee bringing a claim in respect of an underpayment of wages to… Read on

Whistleblowers – Meaning of ‘public interest’ clarified

The Court of Appeal in Chesterton Global Ltd v Nurmohamed confirms that a complaint by a worker about unlawful conduct committed by the employer which is mostly personally motivated may nevertheless have the protection of the whistleblowing legislation if the… Read on

Sickness whilst on holiday – the current position

One of the most confusing areas of employment law in recent years has concerned the impact of sickness absence on employees’ entitlement to statutory holiday and holiday pay. These issues have been examined at judicial levels from Employment Tribunals to… Read on

Father wins sex discrimination claim for maternity pay

The Employment Tribunal in Mr Ali v Capita Customer Management Limited 2017 confirms father is entitled to the same rate of enhanced as mother under maternity leave policy. Background In this case, an employer’s maternity policy granted women the right… Read on

Holiday pay: new decision

The long running litigation in Bear Scotland has reached the Employment Appeal Tribunal again. The Court has confirmed that a gap of 3 months or more in any underpayments of wages will break the “series of deductions” for unlawful deduction… Read on