Reasonable adjustments and sickness absence

Can employers take disability related sickness into account when dismissing for poor attendance? In the case of General Dynamics Information Technology v Carranza, the EAT considered this issue, and the question of whether it would be a reasonable adjustment not… Read on

Round-up of Employment Law Changes in October 2014

National Minimum Wage The new rates of National Minimum Wage for the year 1 October 2014 – 30 September are published: Read the current rates of NMW here Equal pay audits Employment Tribunals must order an equal pay audit upon… Read on

Apprentices were actually employees

In the recent case of HMRC v. Holmescales Riding Centre 2014, the EAT held that a riding school’s trainees were in reality ordinary employees and not apprentices. Accordingly, the trainees were entitled to receive the National Minimum Wage applicable to… Read on

Emergency time off and contacting your employer

In the case of Ellis v Ratcliff Palfinger Ltd, the Employment Appeal Tribunal decided that it was fair to dismiss an employee who had taken emergency time off but who had not properly notified his employer as soon as he… Read on

What does “without prejudice” mean?

Discussions between an employer and an employee are “without prejudice” where the discussion is with a view to settling an existing claim. This means that, where there is an Employment Tribunal claim, or a dispute that might lead… Read on

Holding an employee to their notice period

Could an employer hold an employee to the notice period in their contract when they resigned early, in breach of their notice period? Yes, according to the High Court in Sunrise Brokers LLP v Rogers. This meant that the employee… Read on

Facebook comments: fair dismissal

A recent Facebook dismissal case heard by a Tribunal in Northern Ireland, has made some interesting findings which add to the developing law in this area. An employee of TeleTech UK Limited posted a vulgar comment concerning a colleague on… Read on

Not possible to retract a mistaken dismissal

In this recent case, the employer (CF Capital plc) had discussed with Miss Willoughby (their employee) the possibility of changing her employment to a self-employed role, to avoid redundancy. Miss Willoughby requested more information, but CF Capital thought she had… Read on