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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.
An employee who resigns and works beyond their contractual notice period for their own financial reasons will not succeed in a claim for constructive unfair dismissal say the Employment Appeals Tribunal, in Cockram v Air Products Plc, 21 May… Read on
Should the statutory holiday pay include an element for commission, even though this is not allowed under the Employment Rights Act 1996? Yes, according to the European Court of Justice, in the case of Lock-v- British Gas. Background In this… Read on
The trade union UNISON is continuing its battle through the courts to challenge the Tribunal fees introduced by the government recently. UNISON say that the fees break EU law by denying access to justice. Their first challenge was not successful,… Read on
Did the civil services core skills assessment (CSA) indirectly discriminate against black and minority ethnic (BME) candidates, who are statistically less likely to pass it? Yes, said the Employment Appeal Tribunal, in the case of Essop-v-Home Office (Border Agency). This… Read on
On Friday 9th May, we had the pleasure of sponsoring the ‘Networking at the Ambassadors’ event run by the Woking Chamber of Commerce. The event was as popular as always with over 50 businesses attending, all of which are local… Read on
The new transfer of undertakings legislation is upon us. Any business taking over another business or service contract (business transfer) should know about these changes: Dismissals following business transfer are less likely to be automatically unfair. The new rules have… Read on
We recently held two employment law update breakfast events, one at our office in Woking and the other in Chichester. Both events were successful, with over 20 guests attending each one. Everyone was keen to get stuck in with questions,… Read on
Could an invitation to a capability meeting, which was mistakenly referred to as a disciplinary hearing, give rise to unfair dismissal and discrimination? Yes it can mean unfair dismissal, according to the Employment Appeal Tribunal in CRI-v-Lawrence. In itself, it… Read on
Could an employer be legally bound by a broad statement that they would make no further changes to their pension scheme, even though this was not written into a contract? Yes, where this leads to a reasonable expectation on the… Read on
Was it fair to dismiss a whistle blowing employee, a police officer, who was making disclosures regarding his colleagues’ treatment of victims? Yes, where the employee’s behaviour in raising the disclosures – rather than the disclosures themselves – was the… Read on