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Latest Employment News

  • Employment - 18, May
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    James Bromige succeeds at the Employment Appeal Tribunal

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    Posted by James Dowse

    James Bromige recently appeared in the EAT representing the Appellant in the case of Pulman v Merthyr Tydfil College Ltd UKEAT/0309/16/JOJ.  The case concerned section 15 and section 20 EA 2010 discrimination claims as well as unfair dismissal.  James succeeded on two of his grounds of appeal, with the remaining grounds stayed pending referral back to the … Continue reading James Bromige succeeds at the Employment Appeal Tribunal

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  • Employment - 18, May
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    Is it possible to get paid whilst being asleep on the job?

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    Posted by Seán McHugh

    Yes. Case law in this area highlights the complexity of the Regulations when considering a worker who is required to ‘sleep on the job’.  Further, it appears that each case will be decided on its own facts, including the wording of the contract and the context within which it is made.  If employers fail to … Continue reading Is it possible to get paid whilst being asleep on the job?

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  • Employment - 18, May
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    When is an employee deemed to have had effective Notice?

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    Posted by Seán McHugh

    In the recent case of Newcastle upon Tyne NHS Foundation Trust –and- Haywood [2017] EWCA Civ 153, the Court of Appeal considered this vexed question. The Trust sent a letter to Ms. Haywood purporting to terminate her employment with 12 weeks’ notice on 20 April, 2011.  Ms. Haywood was out of the country on holiday at … Continue reading When is an employee deemed to have had effective Notice?

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  • Employment - 18, May
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    When “to Polkey or not to Polkey”, that is a good question

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    Posted by Seán McHugh

      This is a question that is considered in almost all unfair dismissal claims: whether or not there has been procedural unfairness such that a tribunal may either reduce a claimant’s award for not having followed a fair procedure, or increase a claimant’s award because the respondent didn’t follow a fair procedure. Any award made … Continue reading When “to Polkey or not to Polkey”, that is a good question

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  • Employment - 18, May
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    The employer and the apprentice – premature termination of contract

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    Posted by Seán McHugh

    This is a tricky area in which there remains much debate as to whether or not apprentices are protected from redundancy per se, and that in making an apprentice redundant would potentially place an employer in breach of contract. Apprentices are, predominantly, treated like employees, and consequently many businesses make the mistake of making them … Continue reading The employer and the apprentice – premature termination of contract

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  • Employment - 18, May
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    Do you employ staff adjustments for disabled applicants?

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    Posted by Seán McHugh

    Do you employ staff? How thorough are you when it comes to adjustments for disabled job applicants? The EAT in the case of Government Legal Services –and- Ms. Brookes EAT/0302/16/RN has held that a psychometric test was discriminatory. The claim was brought by a budding lawyer, Ms. Brookes, who suffers from Asperger’s syndrome, and who … Continue reading Do you employ staff adjustments for disabled applicants?

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  • Employment - 8, December
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    Employment Relations Authority – a different approach

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    Posted by Victoria Heasman

    It is now officially summer here in New Zealand and to completely confuse me I had my first mince pie on the first day of summer! No white Christmas for me this year! Since my last blog I have visited the Employment Relations Authority (ERA), something I have mentioned in a couple of my previous … Continue reading Employment Relations Authority – a different approach

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  • Employment - 23, November
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    Earthquakes and gang culture – an update from New Zealand

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    Posted by Victoria Heasman

    The last few weeks have been hectic, both in court and outside. Having been due to spend two weeks with the Crown Law Office (the body which provides legal advice and representation services to the government) I flew to Wellington on 13 November only to be woken at midnight by my hotel room shaking. New … Continue reading Earthquakes and gang culture – an update from New Zealand

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  • Employment - 2, November

    Kerry Gardiner – First Bristol Pound lawyer

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    Posted by Kerry Gardiner

    Bristol is by far one of the most vibrant, exciting and refreshing cities to live with its ever-present community spirit that embraces diversity. Home to an abundance of beautiful and historical landmarks, there is always something to see and do.  For me, however one of the most exciting elements of living in Bristol is the … Continue reading Kerry Gardiner – First Bristol Pound lawyer

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  • Employment - 31, October
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    Uber and the Future of the Gig Economy

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    Posted by Kerry Gardiner

    The rise of the “gig economy” has meant that many businesses have been waiting with bated breath for the judgment of the Employment Tribunal in the widely publicised Uber case (Aslam, Farrar and Others v Uber Case Nos 2202550/2015 & Others). At the heart of the case was whether Uber’s drivers are “workers” within the … Continue reading Uber and the Future of the Gig Economy

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  • Employment - 27, October
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    Reasonable adjustments: Is there a need to show an adjustment will work?

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    Posted by Seán McHugh

    An employer had failed to make reasonable adjustments where there was a real chance, but no guarantee, that the adjustment would work. In South Staffordshire & Shropshire Healthcare NHS Foundation Trust v Billingsley, UKEAT/0341/15/DM Mrs. Billingsley (the “Claimant”) worked as a data input clerk.  She suffers from dyspraxia, a disability, which made her more prone … Continue reading Reasonable adjustments: Is there a need to show an adjustment will work?

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  • Employment - 27, October

    A Sex Offenders Register for New Zealand

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    Posted by Victoria Heasman

    Since my last blog the Employment Law Conference was held in Auckland, a national conference for employment lawyers which is only held every two years. I attended with my colleagues and the timing was perfect: a thorough and interesting initiation into life at the New Zealand employment bar with a chance to see some of … Continue reading A Sex Offenders Register for New Zealand

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  • Employment - 24, October

    Will the Government’s planned restaurant tips law end unfair tipping practices?

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    Posted by Seán McHugh

    Plans to increase transparency for consumers and employees in relation to tipping have recently been announced by the Business Secretary, Sajid Javid. Following a call for evidence on tipping practices in the hospitality, leisure and service industry, which closed on 10 November 2015, the Government launched a two-month consultation on its proposals aimed at securing … Continue reading Will the Government’s planned restaurant tips law end unfair tipping practices?

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  • Employment - 12, October

    Kia ora and welcome to New Zealand!

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    Posted by Victoria Heasman

    My first couple of weeks working in Auckland have shown me that although many of the overarching principles of employment law are similar in both jurisdictions there are clear differences, both in structure and substance. There is a strong emphasis on mediation and out of court settlements, with most cases going through enforced mediation and … Continue reading Kia ora and welcome to New Zealand!

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  • Employment - 12, October

    Victoria Heasman working as a Pegasus Scholar in New Zealand

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    Posted by Victoria Heasman

    Victoria is currently in Auckland, New Zealand at one of the country’s leading law firms, Meredith Connell. Victoria is based in the employment department and will also be working under Meredith Connell’s Brian Dickey who is the Crown Solicitor for Auckland. The Crown Solicitor is responsible for the conduct of Crown prosecutions in the High … Continue reading Victoria Heasman working as a Pegasus Scholar in New Zealand

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  • Employment - 6, October

    Judicial Assessment in the Employment Tribunal

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    Posted by Kerry Gardiner

    On 3 October 2016, The President of the Employment Tribunals, Judge Brian Doyle, issued Presidential Guidance with an appended protocol on Judicial Assessments. Judicial assessment is an impartial and confidential assessment of the strengths, weaknesses and risks of the parties’ respective claims by an Employment Judge. At the heart of the protocol is the aim … Continue reading Judicial Assessment in the Employment Tribunal

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  • Employment - 7, September

    Can employers aggregate minor acts of misconduct to dismiss fairly without warning?

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    Posted by Seán McHugh

    In the long-running case of Ham v The Governing Body of Beardwood Humanities College, UKEAT/0179/15/MC the Employment Appeal Tribunal (“EAT”) recently considered the issue of whether a series of relatively minor acts of misconduct can be “aggregated” to justify a fair dismissal without a prior warning. Ms. Ham (the “Claimant”) was employed by Beardwood Humanities … Continue reading Can employers aggregate minor acts of misconduct to dismiss fairly without warning?

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  • Employment - 27, July

    Open Justice or a Gossip’s Charter?

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    Posted by Charles Murray

    It was not that long ago that the Ministry of Justice told us it would be ditching its copies of old employment tribunal judgments.  From the Autumn 2016, it seems that judgments are going to be available online for all to see.  Presumably the service will be similar to that offered by the Employment Appeal … Continue reading Open Justice or a Gossip’s Charter?

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