The Supreme Court has ruled that a Methodist Minister was not an employee of the Church and so cannot pursue her claim for unfair dismissal (President of the Methodist Conference v Preston). Hayley Preston became an ordained Minister of the…
The tough obligations placed upon employers by health and safety regulations have been underlined by a case in which a police constable won compensation after cutting her thumb whilst dismantling a cannabis factory. Hampshire Police had spent £150,000 in unsuccessfully…
In the light of an EAT decision, businesses should be prepared for employment tribunals to apply the Acas Code of Practice to dismissals for some other substantial reason (SOSR) where there is arguably an element of conduct or performance in…
A High Court case provides another reminder of the high hurdle that employees must overcome to demonstrate a repudiatory breach of contract. The court upheld a 12 month non-solicitation restrictive covenant in a senior insurance broker's contract, and awarded damages…
The Employment Appeal Tribunal (EAT) has held that a district nurse, who was summarily dismissed on capability grounds and then reinstated following a successful appeal, with full back-pay, was constructively dismissed when she resigned over the terms of her return…
Following the launch of a new update service by the Disclosure and Barring Service (DBS), businesses can now carry out free online checks to find out whether there have been any changes to an employee's criminal record certificate. The DBS…
The Government has published the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013, which makes changes to the rules relating to collective redundancy consultation. Where an employer is proposing to dismiss as redundant 100 or more employees…
In Clyde & Co LLP and another v Bates van Winkelhof, the Claimant was an equity partner of Clyde & Co LLP who was seconded to work for a Tanzanian law firm. She was expelled from the partnership and brought…
Prior the Equality Act 2010, discrimination legislation expressly protected former employees against victimisation at the hands of their former employers. However, it is unclear whether this protection has been sustained under the Equality Act 2010. Although Section 108 protects former…
On 1st October 2013 the national minimum wage rates will increase as follows: The standard adult rate (for workers aged 21 and over) will rise to £6.31 an hour (up 12p from £6.19). The development rate (for workers aged between…
