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Category: "news"

Can you dismiss for gross misconduct for something an employee didn’t do?

Can you dismiss for gross misconduct for something an employee didn’t do?

It is of course very well-established law that if an employee does something which amounts to gross misconduct, this entitles their employer to terminate their employment without notice (summary dismissal). But what if the problem has arisen from the fact that the employee has done nothing, i.e. a negligent failure... read more »

Work-related stress: a reaction to adverse circumstances or a disability?

Work-related stress: a reaction to adverse circumstances or a disability?

As we have covered previously, an employee needs to fall within the definition of disability under the Equality Act 2010, in order to have protection against disability discrimination. In the recent case of Herry v Dudley Metropolitan Council, the Employment Appeal Tribunal considered whether work-related stress may amount... read more »

Constructive dismissal - why did he leave his post?

Constructive dismissal - why did he leave his post?

In order to succeed in a claim for unfair constructive dismissal, the employee has to show two things: first, a fundamental breach of contract by his employer; and second that he resigned because of that breach. The normal defence from an employer is that there was no fundamental breach,... read more »

Changing gear? - CitySprint bike courier is a worker, not a self-employed contractor

Changing gear? - CitySprint bike courier is a worker, not a self-employed contractor

The ‘gig economy’ (where people are engaged and paid by companies on a job-by-job basis) continues to generate headlines and give rise to cases in the Employment Tribunals. Hot on the wheels of the Uber case (which we reported on here) comes another employment status case this... read more »

Gender pay reporting – Regulations finally published

Gender pay reporting – Regulations finally published

Finally, after several delays, the Government have published the revised version of the draft Regulations, with the aim of bringing the gender pay reporting requirements into force from 6 April 2017. The revised Regulations were published on 6 December 2016, and contain some important revisions which have been made as... read more »

Holiday entitlement for those who work 6 days a week

Holiday entitlement for those who work 6 days a week

It is perhaps ironic that taking holidays from work, which sounds like a very simple concept, has led to so much legislation and so many cases on how to calculate it. The basic legislative position is simple – a full time employee is entitled to a minimum of 28... read more »

Christmas time, fisticuffs and wine

Christmas time, fisticuffs and wine

There are always lots of employment law articles and blogs around this time of year all about the rights and wrongs of the office Christmas party, usually warning employers of the risk that they could be found vicariously liable for the actions of their employees should things get out of... read more »

Can a temporary condition amount to a disability?

Can a temporary condition amount to a disability?

When does an illness or injury become a disability affording an individual protection under disability discrimination legislation? This is a question that both the UK Courts and the European Courts have grappled with over the years. The European Court of Justice recently considered this question in the Spanish case... read more »

Increased rates of Maternity Pay, Sick Pay and other payments

Increased rates of Maternity Pay, Sick Pay and other payments

The Government has announced increased rates for various statutory payments which are to come into force in April 2017. The main changes are as follows: Statutory Maternity Pay: £140.98 per week (currently £139.58) Statutory Paternity Pay: £140.98 per week (currently £139.58) Shared Parental Pay: £140.98 per week (currently £139.58) Statutory Adoption Pay: £140.98 per... read more »

Purely delighted!

Purely delighted!

We're very excited to tell you that yet again we have had a fantastic review in the legal directory Chambers & Partners, and both Peter and Nicola have continued their long run as ‘Notable Practitioners’. Chambers and Partners rankings matter in the legal world because they are independent and cannot... read more »

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