News

Previous News

News

1st July 2011

Uniform Policy can be racially discriminatory

In SG v St Gregory's Catholic Science College [2011] EWHC 1452 (Admin) the High Court has held that it was indirect race discrimination for a school to impose a policy preventing a black boy from having his hair in 'cornrows'. Although the policy pursued a legitimate aim, it could not be justified…
Read More »

1st July 2011

Successor's characteristic is not sufficient evidence of discrimination

In Community Law Clinic Solicitors Ltd and ors v Methuen UKEAT/0024/11/LA the EAT held that discrimination claims should not be permitted to proceed to trial where a dismissed employee, who has been replaced by someone whose protected characteristics are not exactly the same, simply asserts that…
Read More »

1st July 2011

Agency Workers not Employees

In BIS v. Studders UKEAT/0571/10/DM, the EAT held that no contract of employment existed between an agency worker and the employment agency when the contract between them showed no intention to create an employment relationship and the two key requirements of an employment contract (mutuality and…
Read More »

1st July 2011

No right to legal representation at independent disciplinary hearing

There is no right, under Article 6 of the ECHR, to legal representation at a disciplinary hearing where dismissal could lead to a process capable of barring an individual from a profession, where the barring decision is sufficiently independent of the dismissal decision. This was the decision of…
Read More »

1st July 2011

The Bribery Act comes into force today

The Bribery Act Comes into Force Today - Are you Ready? click here to read our blog post
Read More »

8th July 2011

Whole decision to dismiss for gross misconduct should be examined even if only partly flawed

In Lockey v East North Homes UKEAT/2011/0511 Leeds the EAT has held that that unfair dismissal and breach of contract claims should not be struck out for having no reasonable prospect of success when it is arguable that part of the employer's reasoning for finding gross misconduct was flawed.
Read More »

8th July 2011

Dismissal for refusal to accept pay cut might be unfair

In Garside and Laycock Ltd v Booth UKEAT/2011/0003 the EAT has held that an employment tribunal misdirected itself in finding that it was unfair to dismiss an employee who refused to accept a pay cut. In remitting the case to a fresh tribunal, the EAT stressed that in addition to considering…
Read More »

8th July 2011

Time to claim untaken but accrued holiday pay for those on long-term sick leave may expire after 18 months

In KHS AG v Schulte (Case C-214/10) the Advocate General has held that the ruling in the Schultz-Hoff should not be interpreted quite so widely and that Member States may provide for holiday entitlement accrued by workers on long-term sick leave to expire no earlier than 18 months after the end of…
Read More »

8th July 2011

Voluntary disclosure of sexuality means that simple discussion of it by colleagues is not unlawful discrimination

In Grant v HM Land Registry [2011] EWCA Civ 769 the Court of Appeal held that the EAT was correct in deciding that an employee’s previous voluntary disclosure of sexuality means that simple discussion of it by colleagues is not necessarily unlawful discrimination. The case has been remitted to…
Read More »

22nd July 2011

Supreme Court rules that teacher in Germany has a right to claim unfair dismissal in the UK

In Duncombe and Others v Secretary of State for Children, Schools and Families the Supreme Court ruled that teachers can be categorised in the ‘exceptional’ overseas workers acknowledged by the House of Lords previously in ‘Lawson v Serco Ltd’ that have a sufficiently strong enough…
Read More »

22nd July 2011

EMPLOYERS ABLE TO USE POOR TREATMENT OF THEIR EMPLOYEE TO DEFEND UNFAIR CONSTRUCTIVE DISMISSAL

In McBride v Falkirk Football Club it was found that unfair constructive dismissal was awarded as the idea that football management is usually of an ‘autocratic’ nature was rejected. Instead the EAT found that there was a standard of conduct to be expected from an employer, with regard to trust…
Read More »

22nd July 2011

WHEN CONTRACTUAL PAYMENT IS UNSPECIFIED THE LAW IMPLIES A REASONABLE SUM IN COMPENSATION

In Driver v Air India Ltd the Court of Appeal held that Mr. Driver was entitled to his ‘ad hoc’ overtime payments. Overtime payments had been paid for in the past; however Air India on this particular occasion argued that overtime payment provisions were ‘set out in notices and circulars…
Read More »

22nd July 2011

No contract of employment between agency worker and employment agency since contract showed no intention to create such a relationship

The EAT held that in BIS v Studders there is no contract of employment between an agency worker and the employment agency when the contract between them showed no intention to create legal relations of employment. Neither mutuality nor an appropriate degree of control existed between the two…
Read More »

27th July 2011

Leading decision on employment status handed down today - Autoclenz v. Belcher and Others

The Supreme Court has today handed down its long-awaited decision in Autoclenz v. Belcher and Others [2011] UKSC41, which is now the leading case regarding employee/worker status. The Supreme Court held that twenty individuals, who were car valeters working under self-employed subcontracts for…
Read More »