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21 Nov 2018

It’s time to EAT!

Recently, in the case of The Governing Body of Tywyn Primary School v Aplin, an important administrative measure was up for discussion. The question that arose in this case was whether the strict approach to extension of time in the Employment Appeal Tribunal (EAT) also applied to Cross- Appeals. In this case Aplin succeeded before […]

21 Nov 2018

When is a resignation not a resignation?

Recently, in the case of East Kent Hospitals University Foundation Trust v Levy, the question arose as to when a resignation would not be a resignation. Whilst this may seem like a strange scenario to occur, this judgement is very important to employers if they were to ever find themselves in this situation. In this […]

8 Nov 2018

Parental Bereavement (Leave and Pay)

There has long been a campaign to support those parents who have suffered the tragedy of losing a child and come April 2020, it is hoped that the Parental Bereavement (Leave and Pay) Act 2018 will come into force. What does the Act provide?  Whilst undoubtedly many employers already handle such a situation with kindness, […]

8 Nov 2018

Are you out of the game: what if you miss the deadline?

What if you miss the deadline to respond to an employment tribunal claim?  Do you have to sit back and wait for judgment to be entered against you, then write the cheque? This was something that was looked at again in the case of Office Equipment Systems Ltd v Hughes. In this case, the claimant, […]

2 Oct 2018

Sexual harassment in the workplace

The Women and Equalities Committee (WEC) has recently published a report to tackle sexual harassment in the workplace, since it has become a more prominent issue with an unclear protocol in a majority of workplaces. This report establishes a five point plan. The requirement for employers to put sexual harassment at the top of their […]

27 Sep 2018

Employment Contracts

Employment contracts can be complicated documents to get right; if employers are too vague they can land themselves in a lot of trouble, as in the case of Brown & Anor v Neon Management ltd & Anor. In this case the defendants breached the claimants’ employment contracts by not paying salary increases and discretionary bonuses. […]

25 Sep 2018

Vicious Vicarious Liability

Vicarious liability, an area of the law which all employers dread, has just become more complicated. The recent case of Barclays Bank plc v Various Claimants has confirmed that the exclusion of vicarious liability for independent contractors, is no longer a defence for employers. The main issue in this case was whether an employer could […]

20 Aug 2018

A Holiday Pay Case for Holiday Time…

Holiday pay can be a tricky subject to tackle for employers. However, the recent case of Flowers and others v East of England Ambulance Trust has provided some welcome clarity. In this case, members of the ambulance crews in the East of England Ambulance Trust had clauses in their contracts relating to non-guaranteed overtime and […]

19 Jul 2018

Settlement Scheme for EU Citizens

It is an unsettling time (no pun intended) for our EU friends and colleagues who have rightly been clamouring for information (as have their employers) on where they will stand after Brexit. At the end of June, the Home Office published its proposed settlement scheme that will become fully implemented on 30th March 2019. They […]

29 Jun 2018

Is it a bird, is it a plane, is he self-employed…?

The uproar over the gig economy workers rolls on following the finding that Mr Smith was in fact a worker engaged by Pimlico Plumbers following a lengthy battle through the courts. You will probably remember that in this case Mr Smith contracted with Pimlico Plumbers as a plumber under the title of an independent contractor. […]