An Employment case review with a festive touch

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As we have now officially entered the holiday period, I thought it apt to base the case review this month on two holiday claims! Just to add to the overall festive feeling of this month, the first two cases we are looking at originate from the home of Christmas, Finland! TSN v Hyvinvointialan liitto ry (C 609/17) and another case … Read More

Recent Employment cases that can be used in day-to-day practice

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November was a plentiful month for interesting cases and principles that can be used in day-to-day practice. So we thought we’d share snippets of as many as we think you can stand, rather than go into the detail. Redundancy and statutory trial periods East London NHS Foundation Trust v O’Connor examined the point at which a statutory trial period began … Read More

Kostal UK Ltd v Dunkley and ors – Court of Appeal overturned decision of the Employment Appeal Tribunal

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In our recent blog we look at the Kostal appeal case on Trade Union inducements. Kostal UK Ltd v Dunkley and ors Sadly the Court of Appeal has overturned the decision of the Employment Appeal Tribunal (EAT) in this case on unlawful inducements. S.145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRA”) says that an employer must … Read More

Women & Equalities Committee is ‘disappointed but not surprised’ to hear examples of large employers putting pressure on employees who pursue allegations of discrimination or harassment in new report.

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The Women & Equalities Committee (WEC) of the House of Commons has produced its report on The Use of Non-Disclosure Agreements in Discrimination Cases. Some strong words from the WEC: “We have been disappointed, but not surprised, to hear examples of large employers using the significant resources at their disposal to put considerable pressure on employees who pursue allegations of … Read More

Morrish Solicitors appoint a new Solicitor in the Employment team.

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We’re delighted to have appointed Nicola Williams as an Assistant Solicitor in the Employment department in February this year. Based in our ever expanding Leeds office, Nicola joins us from a reputable York law firm. Nicola attended Lancaster University and obtained a law degree in 2006.  She began her legal career in 2010 as a Paralegal in civil litigation and … Read More

Sleep in shifts – the pay debate

Morrish SolicitorsEmployment, Employment Law Blog, Site News, Trade Unions

After a satisfying hard day’s graft at work and having successfully completed another torturously packed train journey home, it is always a lovely feeling to be able to share the company of loved ones during an evening. We get to have a hot shower, put on some comfy pyjamas and enjoy some delicious dinner whilst binge-watching as many thrilling tv … Read More

Employment Rights Update

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Easter is often associated with little things, like chicks, lambs and mini eggs. So it seems fitting that our monthly update should cover a little more satellite litigation on ACAS Early Conciliation and a little compensation for failing to grant the right of accompaniment. HM Revenue and Customs v Garau Mr Garau was an administrative assistant, formerly employed by HMRC.  … Read More

Employment Law Update – January 2017

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In Kellogg Brown & Root (UK) Ltd v (1) Fitton and (2) Ewer, the EAT considered whether employees who were dismissed when their employer had exercised a mobility clause to move them to another office, had in fact been dismissed by reason of redundancy, as decided by the employment tribunal. Background Mr Fitton and Mr Ewer worked at Kellogg’s office … Read More

"Employee Shareholder” regime

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The Autumn Statement sees  the Chancellor phasing out the “employee shareholder” regime – initially by removing the tax advantages associated with it; but in due course it is expected to disappear altogether. This is no great surprise. We blogged about the scheme when it was introduced in late 2013.  You can read our reservations here:  http://morrishsolicitors.blogspot.co.uk/2013/09/employee-shareholders.html Not for the first … Read More

Employment Update

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The month of September has given us a couple of surprising EAT decisions and both are in favour of employees! The first one considers whether it might be a reasonable adjustment to offer a disabled employee pay protection and the second explores the scope of an ACAS EC certificate. We hope you find them useful.   G4S Cash Solutions (UK) Ltd … Read More

Influence of third parties such as HR in disciplinary procedures

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In Dronsfield v University of Reading the EAT looks at the involvement and influence of third parties such as Human Resources in disciplinary procedures. Mr Dronsfield was a Professor at Reading University and whilst working for the University he engaged in a sexual relationship with one of his students. Reading University provided guidance to employees in relationships with students which … Read More

Taxation on Termination – The Price of Simplicity

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HMRC has published a piece of draft legislation which attempts to simplify the current regulations surrounding taxation of termination payments. The legislation is due to come into force in April 2018 and is currently open to consultation until the 5th of October 2016. It has been suggested that the overall complexity of the current tax rules in terms of termination … Read More

Report calls for better whistle-blower protection in the UK

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UK whistleblowing law is inadequate and does not meet most international standards, according to a new report published by international NGO Blueprint for Free Speech and the Thomson Reuters Foundation (http://www.trust.org/publications). The report identifies the UK’s protection as scoring only a 37% grading in comparison with other countries. In particular, it highlights a narrow and complex scope of protection for … Read More

Employment Rights Update – July 2016

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The Supreme Court handed down interesting Judgments on these two cases which involved two Nigerian nationals. Taiwo (Appellant) v Olaigbe and another (Respondents) and Onu (Appellant) v Akwiwu and another (Respondents) [2016] UKSC 31 Ms Taiwo is married and has two children and was living in poverty in Nigeria. She entered the UK lawfully in February 2010 with a migrant … Read More

Tattoos in the workplace

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For years, tattoos were considered taboo in the workplace; with some employees alleging that their employment has been terminated as a result of having a tattoo or they have simply not been offered a job because of it. Traditionally, tattoos were associated with bikers and gangs, but this has evolved, with tattoos gaining wider social acceptance. A recent study by … Read More

Courts and Tribunal Fees

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The Justice Committee, appointed by the House of Commons to examine the expenditure, administration and policy of the Ministry of Justice and associated public bodies has very recently published its review into Court and Tribunal Fees. When tribunal fees were introduced on 29th July 2013 (under The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013) there was an immediate, … Read More

Employment Rights Update – June 2016

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June has been a quiet month for new and interesting cases but there is some very good reading for Claimants in the House of Commons’ Justice Committee report released this month and, just a few days ago, the first Employment Appeal Tribunal case on the admissibility of ‘protected conversations’ are in the Tribunal. So we’ll deal with them here… Justice … Read More

Employment Tribunal rules in favour of former City Link workers sacked on Christmas Day

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An employment tribunal has ruled this week in favour of former City Link workers who have established that City Link failed in their statutory duty to consult with them about impending redundancies.  The former workers pursued claims against the parcel delivery company when they were made redundant without any consultation. 258 of those Claimants were represented by Leeds based Morrish … Read More