Our updates keep you informed about what’s going on in the world of employment law. Please sign up for our newsletter if you would like these delivered to your inbox.
As good as these posts are, they’re no substitute for legal advice, so we’re happy to have a chat about anything you read here – just get in touch.
The Employment Appeal Tribunal has held that the rule in the Employment Tribunal Rules which obliges Tribunals to reject claims which “cannot sensibly be responded to” is wrong, and should not be applied. Background Rule 12(1)(b) of the Employment Tribunal… Read on
We report on a further case about the ACAS Code, which follows hot on the heels of Holmes. This case deals with one of the questions left unanswered by Holmes, namely what happens in the case of SOSR (some other… Read on
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
The EAT has recently confirmed that the ACAS Code of Practice on Disciplinary and Grievance Procedures does not apply where a dismissal has been purely for health reasons. Background The ACAS Code says that it applies to dismissals for conduct… Read on
We report on a case where a headmistress of some 23 years’ standing in the primary school system failed to disclose her relationship with a man who had been convicted of making indecent images of children. The Employment Appeal Tribunal… Read on
Public Concern at Work (an independent authority on whistleblowing) has just published a review covering its work for the last 5 years. They have revealed some interesting statistics, but these relate to the period 2009-2013: out of the whistleblowing claims… Read on
We report on a case concerning the dismissal for gross misconduct of an Associate Professor at the University of Reading, for failing to disclose a relationship he had had with one of his students. Why did the Employment Appeal Tribunal… Read on
In this case, the Royal Mail’s decision maker in a performance-related dismissal was not aware that the performance issues had really been retaliation for a whistleblowing complaint. The dismissal was perfectly justified from the decision maker’s point of view, however.… Read on
A new criminal offence of having “reasonable cause to believe” that an employee does not have the correct immigration status came into force today. The new offence – under s.34 Immigration Act 2016 – is in addition to the exiting… Read on
The European Court of Justice has extended the rights workers have where they have been sick whilst on holiday. If they have not been able to take it during the current holiday year, they should be allowed to carry holiday… Read on