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
Re-engagement order disallowed
We report on a case where an order for re-engagement has been considered by the EAT. Background The Claimant in this case, Miss Lupton was employed by Lincolnshire County Council. She resigned when the council sought to change her working… Read on
Changing Staff Handbook Terms
Can an employer unilaterally change the terms of its contractual staff handbook? No, said the High Court in the case of Sparks and another v Department for Transport. Background Generally, a contract may only be amended in accordance with… Read on
Constructive dismissal – delay fatal to claim?
Was the employee’s argument that she was too ill to resign for 18 months successful? Or was she found to have affirmed her contract and therefore not able to bring her constructive dismissal claim? In the case of Colmar Mari… Read on
Obesity can constitute a disability
Mr Kaltoft is 1.72 metres tall and weighs over 100kg. This gives him a BMI of 54, which is classified as severe or extreme morbid obesity. We have recently reported about obesity and disability law. In the recent case of… Read on
Aerosols, perfume and reasonable adjustments
Is it possible to have a situation when no reasonable adjustments can be made for a disabled person? Yes, but only rarely, held the Appeal Tribunal in the recent case of Dyer v. London Ambulance NHS Trust. Background Mrs Dyer,… Read on
Judgment on tribunal fees imminent
In July 2013, the Government introduced fees for claimants in the employment tribunals. Fees start from around £160 to issue a claim, with a further fee for a hearing starting at £230. The fee rises depending on the type of… 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
What does “without prejudice” mean?
Discussions or correspondence during negotiations which are “without prejudice” cannot subsequently be disclosed as evidence in a Court or Employment Tribunal by either party, unless both agree to waive confidentiality. This is intended to encourage parties to settle… Read on