Crystal balls, mind reading and dismissals
Can an employee be dismissed for making a protected disclosure, even if the person dismissing the employee is unaware a disclosure was made…
Employment
To wear or not to wear that is the question?
Is a ban on religious clothing in the workplace discriminatory or can it be justified as a legitimate occupational requirement?
Most…
Taxi to the employment tribunal please! - Uber faces court action over employment status of its drivers.
The world’s largest provider of taxis is in an Employment Tribunal in London facing claims by its drivers that they are workers and…
How much HR involvement is too much?
Employers with HR departments understandably seek support from HR when disciplining employees but it is important that they do not become…
Is reading an employee's personal messages at work breach of privacy?
You may have heard about the case of Barbulescu v Romania which was widely reported in the media as it appeared to give employers the go…
When can an employer dismiss an employee who is not as unwell as they claim?
In a recent case the Employment Appeal Tribunal held an employee’s dismissal for exaggerating his illness was fair.
What happened?
Mr Ajaj…
Brexit - An Employment Armageddon?
The unthinkable happened yesterday – at least for 48% of UK voters – the UK has voted to exit from the European Union.
The differences in…
Dealing with Concurrent Disciplinary Proceedings and Criminal Charges
What can, and should, an employer do if an employee is charged with a criminal offence?
The recent conviction of Sunderland player Adam…
Holiday Pay: Two steps forward, two steps back?
The latest Employment Appeal Tribunal decision has been published relating to how holiday pay should be calculated for employees who do not…
Narrowing the Gap - Gender Pay Reporting
Plans that Employers will have to publish details on the gender pay gap in their workplace have been published.
Today Nicky Morgan, MP…
Can employers withhold sums due by an employee when they leave?
We have had a few queries recently about whether sums owed by an employee to their employer can be recovered from their final salary…
Jokes and cultural issues in the workplace
When Michael McFeat posted a picture of co-workers at a work canteen along with a caption, I doubt he expected that less than a week later…
Ten Resolutions to make 2016 a less stressful HR year
Ten actions employers and HR professionals should take now to for a less stressful 2016
Employment Law Solicitor, Amy Jones shares his New…
What's new for Employment Law in 2016?
As we all get used to dating documents 2016 and Festive excesses become a distant memory, it’s a good time to consider the last year and…
Should employers and/or employees record internal hearings?
Is it good practice to record internal disciplinary or grievance hearings and what happens if an employee covertly records a hearing.
At…
Employees face different outcomes for the same disciplinary incident
Is it fair for employees involved in the same disciplinary incident to be issued with different sanctions?
In the case of MBNA…
Does whistleblowing legislation apply to internal disputes about terms of employment?
The EAT held that a dispute between an employer and a group of employees relating to their terms and conditions of employment was capable…
Name-blind Recruitment: An end to Racial Discrimination?
Organisations from across the public and private sectors have agreed to use name-blind recruitment in an effort to combat discrimination…
HR involvement in disciplinary investigation rendered dismissal unfair in a warning to HR advisors
Employment Appeal Tribunal uphold decision where a disciplinary investigation that had been heavily influenced by HR resulted in unfair…
Employment and Abolition of the Driving Licence Counterpart
On 8 June 2015 the DVLA stopped issuing paper counterpart to the photocard driving licence and existing paper counterparts no longer have…
Holiday Pay Update - Is the law on overtime and holiday pay any clearer?
Employment Law specialist Noele McClelland looks at recent cases which have been shaped by claims involving holiday pay.
For employment…