The EAT has held that an employment tribunal incorrectly applied the relevant tests when refusing to accept a claim for unfair dismissal and race discrimination presented two days out of time. The original claim, presented on the cusp of the limitation date, was rejected because...
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...
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...
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...
A disclosure may be protected disclosure if it is made to a person who is prescribed to receive disclosures (a prescribed person) and certain requirements are met. A statutory list of prescribed persons was introduced on 1 October 2014 by the Public Interest Disclosure (Prescribed...
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....
In the case of Lock v British Gas Trading Limited it was found that commission should be included in holiday pay....
It has been found in the case of Myers and Another v Nottingham City Counsel ET 2601136/15 AND ET260113/15 that where early conciliation began prior to the dismissal the full early conciliation period should be taken into account and added to the normal time limit. ...
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...
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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