Unfair to dismiss bus driver for failing drugs test
An employment tribunal has ruled that a bus driver was unfairly dismissed when his employer dismissed him for gross misconduct after he failed a drugs test. There were no indications that the driver had been under the influence of drugs… Read on
Employer’s disciplinary appeal failure could be constructive dismissal
The Court of Appeal recently reiterated that the effect of a successful disciplinary appeal by an employee against his dismissal was that the dismissal effectively “vanished” and his employment was restored. He should be treated as if he had never… Read on
Series of acts damaged trust and confidence and amounted to gross misconduct
An employer is entitled to terminate the employment contract without notice or pay in lieu of notice where there is an act or omission by the employee which amounts to gross misconduct (known as “summary dismissal”) . The crucial question… Read on
Constructive dismissal: pay cut entitled employee to bring claim
The Employment Appeal Tribunal (EAT) recently considered the implications of an employer enforcing a drastic pay cut on an employee. Background Commonly, an employee’s constructive dismissal claim will be based on a breach of implied term of mutual trust and… Read on
Constructive dismissal: Court of Appeal decision on “last straw” principle
A recent decision from the Court of Appeal has made it clear that a series of events can add up to a breach of contract serious enough to allow an employee to resign and claim constructive dismissal, even when they… Read on
Fixed-term employee wins unfair dismissal claim
The Employee Appeal Tribunal (EAT) recently confirmed that an employee whose fixed-term contract was not renewed was unfairly dismissed. Legally, when an employee’s fixed-term contract is not renewed after it expires, that is a dismissal (section 95(1)(b) of the Employment… Read on
Equal pay claims hit the retail sector
It has been reported that Tesco is facing the UK’s largest ever equal pay claim with female staff chasing back pay of up to £4 billion. The latest legal challenge sees women store workers claiming parity with men who work… Read on
Supermarket held responsible for employee deliberately disclosing personal data
Can an employer be held liable when an employee intentionally breaches data protection laws? According to a recent High Court case, the answer is yes. In the case of Various claimants v Wm Morrisons Supermarket PLC, the Court ruled that… Read on
Pay rise for the lowest paid from April 2018
Don’t spend it all at once but, the national living wage and other rates of the national minimum wage are set to go up from April next year! The Chancellor announced the increases in his Autumn Budget last month. For… Read on
Argos forced to repay £2.4 million in wages
Argos has recently been fined £1.5 million by HMRC, and ordered to repay £2.4 million in wages. The HMRC found that Argos had wrongly not been paying staff to attend briefings and for security checks. This failure to pay brought… Read on
Supporting the Rugby World Cup? Employment Tips
Employers will not be able to avoid the fact that the biggest sporting event is now on – the Rugby World Cup. With England as its host, the opening match is taking place in Twickenham on 18th September 2015 and… Read on
Is a sick worker, who has been absent for several years, entitled to be paid in lieu of unused leave when his employment ends?
Yes, said the Employment Appeal Tribunal (‘EAT’) in the case of Plumb v Duncan Print Group Ltd. Background Mr Plumb, a printer, was on sick leave for a period of almost 4 years following an accident at work. After his… Read on
Breaking-news: more overtime payments included in holiday pay
In the case of Bear Scotland v Fulton 2014, published today, the EAT has held that payments for normal non-guaranteed overtime is part of normal remuneration and must be included in the calculation of pay for holiday leave taken under… Read on