Posts tagged ‘Employment Law’

When an employer investigated an employee’s emails to a work colleague, was Article 8 of the European Convention on Human Rights (right to privacy) engaged?
No, held the EAT in Garamukanwa v Solent NHS Trust, on the facts of that case.
The Claimant was a clinical manager for the Trust. He formed a personal relationship with a [...]

In Cox v Ministry of Justice; Mohamud v WM Morrison Supermarkets plc, the Supreme Court has reconsidered the test for vicarious liability in employment and employment-like relationships. In Cox, it held that vicarious liability can arise in non-employment relationships where the wrongdoer is integrated into the defendant’s operation and the defendant has created the risk [...]

In Wasteney v East London NHS Foundation Trust EAT 0157/15, the Employment Appeal Tribunal has upheld an Employment Tribunal’s decision that disciplinary action taken against a Christian senior manager for imposing her religious views on a Muslim junior employee was not discriminatory. The junior employee had complained that she felt that the manager was ‘grooming’ [...]

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 [...]

The Court of Appeal has overturned a county court judge’s finding that a university breached its duty of care to an employee when it commenced disciplinary proceedings against her. There was sufficient evidence for the university to conclude that the employee may have conspired with a former colleague to provide him with false and misleading [...]

In Game Retail Ltd v Laws the EAT has held that an employment judge erred in failing to take full account of the public nature of Twitter when finding that an employee’s dismissal for posting ‘offensive’ tweets was unfair. The judge did not properly consider whether the employee’s purportedly private use of Twitter was truly [...]

We’ve all been told to save the date, so no excuses for not voting on 7 May. As the coalition draws to a close, many people will no doubt be wondering who to support. Although the three main parties had not published their manifestos at the moment, politicians have been busy letting us know what [...]

For all of you coming back from your Christmas break looking to lose a few pounds, spare a thought for the clinically obese.
Just before Christmas, the European Court of Justice (ECJ) ruled that in some cases, obesity may amount to a disability under member states equality laws. In Kaltoft v Municipality of Billund the [...]

In Nayif v High Commission of Brunei Darussalam the Court of Appeal has held that a tribunal’s rejection of a race discrimination claim as out of time did not prevent the claimant bringing a negligence claim based on the same facts in the High Court. Although issue estoppel might arise where the tribunal has considered [...]

The EAT has given judgment in the joined cases of Bear Scotland Ltd and ors v Fulton and ors; Hertel (UK) Ltd v Woods and ors; Amec Group Ltd v Law and ors. Its decision confirms that all elements of a worker’s normal remuneration – including payments in respect of non-guaranteed overtime – must be [...]

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