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2nd September 2011

Overnight "lay-over" not working time for purpose of a national minimum wage claim

In Baxter v Titan Aviation Ltd the EAT held that a requirement for a worker to stay overnight at a given location to be ready for work the next day, did not constitute "work" for the purposes of the National Minimum Wage Regulations 1999 (NMWR). The Claimant was a casual driver for the Respondent…
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2nd September 2011

Out of time appeal to EAT can still be heard

In Hine Marketing Partnership v. Archant Dialogue, HHJ McMullen overturned the decision of the EAT Deputy Registrar not to accept an Notice of Appeal which he said was lodged out of time due to the fact that when it was initially sent to the EAT, there was a page missing from the copy of the…
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2nd September 2011

Failing to respond to a request for contact by an employer is not a resignation by an employee

In Zulhayir v JJ Food Services Ltd the EAT held that an employee was not ‘self-dismissed’  when he failed to reply to a letter stating he would be taken to have resigned unless he contacted the employer.  The Claimant was employed by the Respondent as a lorry driver.  He was injured in an…
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2nd September 2011

Annual statistics for employment tribunals for April 2010 to March 2011 published by HM Courts and Tribunals Service show age discrimination increasing

•    8 % fewer claims received by tribunals when compared with 2010 •    9 % cent rise in the number of disposals. •    the number of unfair dismissal and redundancy claims has fallen a little •    claims under the Part-time Workers (Prevention of Less Favourable Treatment)…
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16th September 2011

Warning for appeal panels: the importance of focussing on whether the facts as found justify dismissal as being a reasonable response

In Perry v. Imperial College Healthcare NHS Trust UKEAT/0473/10/JOJ the EAT found Ms Perry had been unfairly dismissed due to the fact that dismissal was not in the reange of reasonable responses (the Burchell test) and emphasised the importance for appeal panels and tribunals not to substitute…
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16th September 2011

What constitutes a reasonable adjustment?

In Leeds Teaching Hospital NHS Trust v. Foster UKEAT/0552/10/JOJ, the EAT has held that it would have  been a sufficient reasonable adjustment for the Respondent to put the Claimant on its redeployment list, even if there was not a good prospect of a suitable position becoming available or of the…
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16th September 2011

Pilots' compulsory retirement can be age discriminatory

In another decision concerning pilots this week has been handed down by the European Court of Justice (Prigge and others v Deutsche Lufthansa AG C 447/09), confirming that a compulsory retirement age of 60 for Lufthansa airline pilots (which is contained in a collective agreement recognised by…
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16th September 2011

Holiday pay must correspond to normal remuneration and not just basic salary

In Williams and others v British Airways plc C-155/10 the European Court of Justice reaffirmed workers' entitlement under the Working Time Directive (2003/88/EC) to holiday pay entitlement that is not limited to basic salary but must correspond to "normal remuneration", holding that pilots have the…
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23rd September 2011

Dismissal for Facebook comments was unfair

In Whitham v Club 24 Ltd t/a Ventura ET/1810462/10 an employment tribunal has held that the dismissal of an employee, for making derogatory comments about her workplace and colleagues on Facebook, was not reasonable in all the circumstances and was therefore unfair. The comments were "relatively…
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23rd September 2011

Risky references

In Jackson v Liverpool City Council [2011] EWCA Civ 1068 the Court of Appeal has held that although an employer owes a duty of care to the individual when preparing a reference, and may be sued for damages in negligence if they breach that duty, it is not negligent for an employer to give a…
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