Cumulative breach of contract and unfair dismissal

Cumulative breach of contract and unfair dismissal

In Kaur v Leeds Teaching Hospitals NHS Trust [2018], the Court of Appeal clarified the law relating to affirmation in relation to constructive dismissals where a claimant relies on a Read more…

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Posted on Jan 8th, 2019 by Lyons Davidson

Can legal privilege be claimed for conversations overheard in public?

Can legal privilege be claimed for conversations overheard in public?

This was one of two questions explored in the Employment Appeal Tribunal decision of X v Y Limited [2018]. In addition to the matter of legal privilege, the other question Read more…

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Posted on Dec 18th, 2018 by Lyons Davidson

What does Roddis v Sheffield Hallam mean for zero-hours contracts?

What does Roddis v Sheffield Hallam mean for zero-hours contracts?

The claim of Roddis v Sheffield Hallam University has helped clarify the risks of engaging employees on zero-hours contracts, particularly as it refers to less favourable treatment as a part-time Read more…

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Posted on Nov 27th, 2018 by Lyons Davidson

Are sleep-in workers entitled to National Minimum Wage for the duration of shifts?

Are sleep-in workers entitled to National Minimum Wage for the duration of shifts?

In Royal Mencap Society v Tomlinson-Blake [2018], the Court of Appeal considered the rate of pay sleep-in workers are entitled to under the National Minimum Wage Regulations 2015 (NMWR), when Read more…

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Posted on Nov 13th, 2018 by Lyons Davidson

Can employers refuse to reschedule a disciplinary hearing if union representatives are unavailable?

Can employers refuse to reschedule a disciplinary hearing if union representatives are unavailable?

Can an employer refuse to reschedule a disciplinary hearing if the employee’s chosen trade union representative is unavailable?  Under statute, yes, in certain circumstances. If the union representative is unable Read more…

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Posted on Oct 30th, 2018 by Lyons Davidson

Calculating limitation dates after Acas Early Conciliation procedure

In Luton Borough Council v Haque, the Employment Appeals Tribunal clarified the procedure that should be adopted when calculating the limitation date for issuing a claim following Acas Early Conciliation. Read more…

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Posted on Aug 21st, 2018 by Lyons Davidson

Paying men statutory Shared Parental Leave rate not direct sex discrimination

Paying men statutory Shared Parental Leave rate not direct sex discrimination

In Capita Customer Management v (1) Ali (2) Working Families (Intervenor), UKEAT/0161/17/BA, the Employment Appeal Tribunal (EAT) considered whether an employer’s decision to pay enhanced maternity pay – but only Read more…

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Posted on Aug 13th, 2018 by Lyons Davidson

World cup work arrangements: tips for employers

World cup work arrangements: tips for employers

The tournament kicked off in Russia on 14 June, with matches scheduled throughout the daytime and evenings, and the final taking place in Moscow on Sunday, 15 July. Football fever Read more…

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Posted on Jun 22nd, 2018 by Lyons Davidson

Pimlico Plumbers: plumber was worker not contractor

Pimlico Plumbers: plumber was worker not contractor

In Pimlico Plumbers Limited and another v Smith [2018], the Supreme Court unanimously agreed that an Employment Tribunal was entitled to find that Gary Smith was a worker under section Read more…

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Posted on Jun 14th, 2018 by Lyons Davidson

‘Pre-cancerous’ conditions, disability and the Equality Act 2010

Cancer, disability and the Equality Act 2010

In the case of Lofty v Hamis t/a First Café, the Employment Appeal Tribunal (EAT) considered whether an in situ cancer (where cancerous cells were present in the skin but Read more…

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Posted on May 22nd, 2018 by Lyons Davidson

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