Category:  Employment Law

Constructive dismissal

In order to suspend an employee fairly, an employer must have reasonable and proper cause for doing so. If not, suspension could breach the implied term of mutual trust and...

Changes to online ‘right to work’ checks

The government has made changes to the Right to Work Checking Service, which enables UK employers to check whether individuals are subject to any restrictions.  From 28 January 2019, an...

The Good Work Plan

Following the Taylor Review on Modern Working Practices, the government has proposed changes to employment law. The following changes will take effect from April 2020: The right to a basic...

Should emailing whilst commuting count as work?

A study by the University of the West of England argues that the working day is extended during commutes by advancements in technology. The study looked at 5,000 passengers commuting...

Disability discrimination

Is it disability discrimination if an employer deals with an ill health retirement procedure badly? Not necessarily, the Court of Appeal has said. Mr Dunn was employed by the Ministry...

National minimum wage and ‘sleeping in’

Are care workers who 'sleep in' at work entitled to the national minimum wage for the whole of their shift? In Mencap v Tomlinson-Blake, care workers had to spend the...

Limiting Discrimination claims

Can a tribunal make an employee choose their 'best ten' allegations in a discrimination claim? Not usually, said the Employment Appeal Tribunal in Tarn v Hughes. Dr Tarn was a...

Should voluntary overtime should be included in holiday pay?

The holiday season might have ended, but holiday pay remains a hot topic. In Flowers v East of England Ambulance Trust, the Employment Appeal Tribunal looked at whether voluntary overtime...

Post TUPE variation of contract

Mr Tabberer and his colleagues were electricians. They were originally employed by Birmingham City Council. Their employment transferred several times by way of TUPE (Transfer of Undertakings (Protection of Employment)...

Establishing disability

Is every medical condition a disability? And if an employee mentions a medical condition, does that mean the employer knew that the employee was disabled? Not necessarily, said the Employment...

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