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10 Jan 2019

Dangerous After Parties – For All Concerned!

We hope you all had a lovely Christmas.  This case is (not) full of festive cheer, considering, as it did, whether an employer was vicariously liable for the act of a managing director who attacked and seriously injured an employee at drinks following the work Christmas social. Mr Bellman (B) was a sales manager at […]

19 Dec 2018

Sentencing Car Crash for Data Thief Employee

Data protection has always been a hot topic for employers and has become of even more importance, given the General Data Protection Regulation introduced this year.  However, has it ever been made clear to employees that there are serious consequences including prison sentences if found guilty of a data protection breach?  If they were not […]

10 Dec 2018

Hands Off! Sexual Harassment in the Workplace

Christmas comes but once a year, unlike stories of sexual harassment, which have been rife in recent months.  The latest scandal to hit the retail sector has arisen from the ‘hugging’ culture allegedly enforced by Ted Baker CEO, Ray Kelvin.  The frequency and seriousness of sexual harassment stories in the press is somewhat depressing, but […]

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 […]