Author: Vital Ruwala

04 May Article 8 of the ECHR

The EAT has upheld an employment tribunal finding that Article 8 of the European Convention on Human Rights was not engaged when an employer used for disciplinary purposes material seized by the police in the course of a criminal investigation. While the aspects of private...

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04 May Order for re-engagement

The EAT has held that a tribunal erred when making an order for re-engagement against a County Council employer. The Council was required to re-engage a former employee in a term-time only contract in a specific locality, with part-time hours of 18.5 per week within...

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04 May Penalty clauses

The High Court has held, obiter, that whether a clause is a penalty cannot depend upon the ability of the particular contract-breaker to pay the specified amount, or the source from which he has to pay. The penalty doctrine focuses on the lack of proportionality...

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05 Feb Unfair Dismissal

In the case of Ramphal v Department for Transport it has been held that decision to dismiss an employee through a disciplinary investigation heavily influenced by HR could lead to an unfair dismissal....

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27 Jan Mointoring of personal messages

Monitoring of personal messages on work-related internet messaging account did not breach right to privacy The European Court of Human Rights has handed down a decision on the right to privacy under Article 8 of the ECHR, in the context of a private sector employer's monitoring...

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16 Nov Holidays

The ECJ has ruled that when a worker increases their hours, any statutory annual leave that has already accrued does not need to be recalculated retrospectively to take account of the increased working hours. However, going forward, leave entitlement should be recalculated to reflect the...

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11 Nov Penalty clauses

The Supreme Court has handed down its highly-anticipated decision in the consolidated appeals of Cavendish Square Holding BV v El Makdessi and ParkingEye Ltd v Beavis [2015] UKSC 67 relating to whether certain contractual clauses were unenforceable penalties.  ...

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