Archive for the ‘Uncategorized’ category

The Parental Bereavement (Pay and Leave) Bill, introduced by Kevin Hollinrake MP, will give a day-one right to parental bereavement leave for any employed parent who loses a child under the age of 18. This right will supplement other rights to time off already granted to employees in law.
Employees with a minimum of 26 weeks’ [...]

In a previous reported judgment in the case of Barbulescu v Romania where the European Court of Human Rights (ECtHR) found that an employer’s potential breach of an employee’s privacy was justified when it monitored an employee’s Yahoo Messenger account. Unusually there was an appeal within the ECtHR to the Grand Chamber and that decision [...]

The Supreme Court has allowed the appeal by Unison, holding that the Employment Tribunals and the Employment Appeal Tribunals Fees Order 2013 (which led to a 70% reduction in claims) is unlawful and will be quashed.
In the main judgment, the Supreme Court noted a contrast between the level of fees in the tribunal, and the [...]

This months briefing note attempts to answer some of the tricky issues that can arise when employees raise grievances.
Q1: Who should deal with a grievance?
This will depend on what your grievance policy says about who will deal with grievances, who the grievance is about, the seriousness and complexity of the issues raised and whether the [...]

What is overtime?
An employee’s Contract of Employment will specify what the employee’s working hours are. If an employee works more than these hours, this will normally be considered overtime.
Can Employers force an employee to work overtime?
Employees will only be required to work overtime if their Contract of Employment clearly specifies this. If there is not [...]

Employers may find themselves considering relocating employees for a variety of reasons. It could be the employer is relocating its business or opening another site.
Whatever the reasoning, Employers need to tread carefully as they have certain obligations and employees have certain rights that need to be considered.
Mobility clauses
In the employee’s Contract of Employment, there may [...]

In Aslam and ors v Uber BV and ors, the London Central Employment Tribunal has held that drivers engaged by Uber are not self-employed contractors, but fall squarely within the legal definition of ‘worker’ under S.230(3)(b) of the Employment Rights Act 1996 (and equivalent definitions in the Working Time Regulations 1998 and the National Minimum [...]

In Barbulescu v Romania, the European Court of Human Rights has held that there was no violation of an employee’s right under Article 8 of the European Convention on Human Rights (the right to respect for private and family life, the home and correspondence) in circumstances where an employee had been dismissed for using the [...]

In Science Warehouse Ltd v Mills, the EAT has held that a claimant was not required to go through the early conciliation (EC) procedure in respect of a victimisation claim that she wished to add, by way of amendment, to her existing claim of pregnancy/maternity discrimination as part of the subsequent Employment Tribunal claim. The [...]

In EAD Solicitors LLP and ors v Abrams, the EAT has held that a limited company can bring a claim of direct discrimination under the Equality Act 2010. The EAT rejected the argument that protection from discrimination under the Act is limited to individuals. Case law has established that an individual may complain of discriminatory [...]

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