News

Previous News

News

30th November 2012

Costs Indemnities and Compromise Agreements

In the high profile case of Coulson v News Group Newspapers Ltd [2012] EWCA Civ 1547 the Court of Appeal has this week held that an indemnity clause in a compromise agreement for costs and expenses of defending criminal proceedings included those incurred from the point of arrest would apply where…
Read More »

30th November 2012

Temporary cessation of work

In Welton v Deluxe Retail Ltd (t/a Madhouse) UKEAT/0266/12 the Employment Appeal Tribunal has held that an employee's service under two contracts of employment with the same employer was continuous, even though the employee did not start work under the second contract until more than a week after…
Read More »

30th November 2012

Double Recovery

Tribunals must deduct a settlement payment which a claimant has received from any Respondent from the unfair dismissal compensatory award against an unsuccessful Respondent. The statutory test provides that the purpose of a compensatory award is to compensate the Claimant for financial loss…
Read More »

30th November 2012

Disclosure of Caution by CRB Breached Human Rights

In M M v United Kingdom application no. 24029/07 a woman who had been cautioned for child abduction after she disappeared with her grandson for two days during a family crisis was being rejected for jobs over six years later due to the caution being disclosed in criminal record checks. It was held…
Read More »

30th November 2012

Facebook Dismissal Was Unfair

In Smith v Trafford Housing Trust [2012] EWHC 3221 the High Court has held that a Christian employee was entitled to express his views about gay marriage on Facebook and that doing so did not constitute misconduct. As such, his employer acted unlawfully when it demoted him. In spite of the fact…
Read More »

30th November 2012

TUPE can cover pensions

In British Telecommunications plc v Adamson and others UKEAT/0282/12 the EAT has upheld a Tribunal's decision that the compensation due to employees who were unfairly dismissed on a TUPE transfer should include an element for pensions loss. While rights relating to occupational pensions do not…
Read More »

30th November 2012

Discriminatory Facebook Posts

In Novak v Phones 4U Ltd UKEAT/0279/12 the EAT has held that postings made about an employee by a number of different colleagues on Facebook over several months (with an interruption of seven weeks) were a continuing act for the purposes of discrimination law. The case was remitted to the…
Read More »

30th November 2012

Working Time Directive: holiday accrual and zero-hours contracts

In Heimann and another v Kaiser GmbH C-229/11; C-230/11 the ECJ has confirmed that that the Working Time Directive (2003/88/EC) does not preclude a national law under which a worker's accrual of paid annual leave entitlement is adjusted pro rata during a period of "zero hours short-time working"…
Read More »

30th November 2012

Flexible Parental Leave and Pay

On 13 November 2012, the government published its response to the flexible working and flexible parental leave proposals contained in its Consultation on Modern Workplaces. In respect of parental leave, a new system of statutory parental rights will be introduced in 2015, under which parents will…
Read More »

30th November 2012

Redundancy Dismissal Fair Where No Consultation

In Ashby v JJB Sports plc UKEAT/0114/12 the Employment Appeal Tribunal has upheld a tribunal's decision that the dismissal of a senior HR manager for redundancy was fair, notwithstanding the absence of consultation and it was reasonable in the current economic climate for the employer not to offer…
Read More »

30th November 2012

BNP Councillor should be protected from dismissal

The European Court of Human Rights has held that UK law is in breach of the European Convention on Human Rights. The case of Redfearn v United Kingdom [2012] ECHR 1878 concerned an individual who was dismissed after being elected as a local councillor for the BNP. His employer breached Article 11…
Read More »