Insights & News
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Tribunal time limit calculator
25 October 2018We have created a free calculator which will automatically calculate Employment Tribunal time limits.
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Non-disclosure agreement injunction granted by Court of Appeal
25 October 2018The Court of Appeal (“CA”) has upheld a set of non-disclosure agreements (“NDAs”) and granted an interim injunction which prevents the Daily Telegraph newspaper from publishing details about allegations of “discreditable conduct” by a business executive towards five employees.
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Court of Appeal holds employer liable for wrongful disclosure of personal data by ‘rogue’ employee
24 October 2018The supermarket chain Morrisons had an internal auditor who went rogue. Aggrieved at an internal disciplinary process, he disclosed payroll data on the internet relating to about 100,000 of his colleagues. He was tracked down, charged and sentenced to eight years in prison. But was Morrisons liable to the employees whose information he had leaked?
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Company held liable for managing director’s violent conduct
18 October 2018The Court of Appeal (“CA”) has ruled that a company was vicariously liable for the violent conduct of its managing director in physically attacking one of his employees at a Christmas party, leaving him severely disabled.
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Ethnicity pay gap reporting: why it's not that simple
18 October 2018The Government says it is “time to move to mandatory ethnicity pay reporting”. Last week it launched a consultation on a possible new law.
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Refusal to provide cake supporting gay marriage was not direct sexual orientation discrimination
11 October 2018The Supreme Court (“SC”) has ruled that a bakery did not discriminate on grounds of sexual orientation when it refused to provide a cake for a customer bearing the words “support gay marriage”. The bakery’s refusal was based on the owner’s Christian beliefs that the only form of marriage acceptable to God was between one man and one woman.
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Promoting mental health awareness in the workplace
10 October 2018Today is World Mental Health Day, an appropriate time for employers to reflect on how this issue impacts the workplace and consider measures they can adopt to promote mental health and support their employees.
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Heathrow fined over data breach
09 October 2018The Information Commissioner’s Office (“ICO”) has made a civil monetary penalty order for the sum of £120,000 against Heathrow Airport Ltd (“HAL”) after a lost data stick containing the sensitive personal information of a number of staff members was found by a member of the public.
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Parental bereavement bill receives royal assent
14 September 2018The Parental Bereavement (Pay and Leave) Bill received royal assent yesterday to become the Parental Bereavement (Leave and Pay) Act 2018. It entitles employed parents who have lost a child to take statutory paid leave to allow them time to grieve. It is expected that the new rights will come into force in 2020.
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Fragmentation of activity may preclude service provision change
06 September 2018The Employment Appeal Tribunal (“EAT”) has confirmed that when considering whether or not there has been a TUPE service provision change (“SPC”), it is critical to identify the relevant activity. The analysis must be done in the right order and any fragmentation should be considered when considering if activities carried on by the subsequent service provider are fundamentally the same as those carried on by the outgoing service provider.
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TUPE and the transfer of public administrative functions
06 September 2018In a case about whether TUPE applied to the transfer of a public health team commissioning services, the Employment Appeal Tribunal (“EAT”) has considered points of appeal in relation to two seldom litigated provisions of TUPE.
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Five-month cessation of activities does not prevent transfer of undertaking under EU law
04 September 2018In a Spanish case, the European Court of Justice (“ECJ”) has ruled that a five-month break in activities between outsourcing contracts did not prevent the transfer of an undertaking under the 2001 EU Acquired Rights Directive (“ARD”).
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Sports Q&A – Maternity leave and equal opportunities
31 July 2018Was it fair for Serena Williams to be seeded at Wimbledon?
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Brexit part 3 - this time it’s temporary
27 July 2018While nothing in British politics should surprise us any more, the timing of the Government’s latest White Paper on Brexit – unveiled the day before Parliament broke up for the summer – seems to have caught out many MPs as well as the media.
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Workplace sexual harassment – Women and Equalities Committee urges radical reform
26 July 2018The House of Commons Women and Equalities Committee (“WEC”) has published a report on sexual harassment in the workplace highlighting five points on which they are calling on the Government to take action. This follows an inquiry that was launched in February.
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Care workers not entitled to minimum wage for sleep-in shifts
18 July 2018In a case of huge significance for the care sector, the Court of Appeal (“CA”) has decided that care workers carrying out “sleep-in” shifts are not entitled to the national minimum wage (“NMW”) for the whole shift, but only when they are required to be awake and working.
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Where might the Government’s Brexit White Paper lead us?
17 July 2018Although massively contentious, the Government’s White Paper proposals on the relationship between the UK and the EU post-Brexit add some flesh to the bones of what future interrelation between the two entities might look like. What are the key points for employment lawyers?
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Voluntary overtime to be included in holiday pay for NHS staff
12 July 2018In the latest decision on the vexed question of the correct calculation of holiday pay under the Working Time Regulations (“WTR”), the Employment Appeal Tribunal (“EAT”) has ruled that both non-guaranteed and voluntary overtime should be included in the calculation under the NHS Terms and Conditions of Service
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The EU (Withdrawal) Act - what does it mean for employment law?
27 June 2018That’s it - we’re leaving. You can Remoan all you want to, but yesterday was a momentous milestone in the history of Brexit with the EU Withdrawal Bill receiving Royal Assent and becoming the European Union (Withdrawal) Act 2018.
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Ask About...Retail, Fashion and Hospitality
19 June 2018Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Laura...