Is it automatically unfair to dismiss an employee whose misconduct falls short of being gross misconduct? In a guideline decision, the Employment Appeal Tribunal (EAT) has answered that question with a resounding 'no' (Quintiles Commercial UK Limited v Barongo). The…
Making reasonable adjustments for disabled employees often includes ensuring that they are not overworked. The point was resoundingly made by one case in which a cystic fibrosis sufferer who was summarily dismissed from his teaching post after showing pupils a…
The EU Information and Consultation Directive 2002 established minimum requirements for companies with more than 50 employees for consulting and informing them on a wide variety of subjects. The Information and Consultation of Employees Regulations 2004 (ICER) implement the Directive…
There have been a number of recent cases looking at the precise employment status of those working for employers who like their operatives to appear to clients as their representatives but who operate a model of self-employment. One such 'gig…
Memory sticks can fit in any pocket and provide an easy means for disloyal workers to lift their employer's confidential information with a view to setting up on their own. Exactly that happened in one case in which two recruitment…
Disability is a broad legal concept and encompasses not just physical incapacity but also mental ill health and all of its consequences. In one case, a supermarket worker whose short temper was a symptom of his depressive illness won more…
The definition of ‘disability’ has been the subject of much legal debate ever since the Equality Act 2010 came into force. However, an Employment Tribunal (ET) has shed some much-needed light on the issue in a case concerning a visually…
The following changes to the National Living Wage (NLW) and the National Minimum Wage (NMW) came into effect on 1 April 2017: The NLW for those aged 25 and over increased from £7.20 per hour to £7.50 per hour; The…
HM Revenue and Customs (HMRC) are obliged to keep individuals’ tax affairs secret - but confidentiality generally does not survive an appeal. Exactly that happened in one case in which well-known actor Martin Clunes sought to set off the cost…
In an important test case concerning a bus driver who claimed to have been forced to work eight-hour shifts without a break, the Employment Appeal Tribunal (EAT) has warned employers that they are required to take a proactive approach to…
