Employee fairly dismissed despite procedural defects
A fairly conducted appeal is capable of remedying even serious procedural defects in the first part of a disciplinary process.
July 31, 2015 No Comments
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Employee transferred under TUPE despite client instruction to remove her from the contract
If a client instructs that an employee be removed from working on its contract which is set to transfer under TUPE, that employee will still transfer if the outgoing employer decides not to heed the instruction.
July 31, 2015 No Comments
Peripatetic workers ‘at work’ when travelling between home and assignments
Peripatetic workers are considered ‘at work’ when travelling between their homes and assignments given to them by their employer.
July 31, 2015 No Comments
No duty to disclose allegations of misconduct to employer
An employee does not have an implied duty to disclose to his employer allegations made against him whilst working elsewhere.
July 17, 2015 No Comments
Dismissal of outspoken Christian employee was discriminatory
The dismissal of a Christian employee who expressed negative views in respect of her colleague’s homosexual lifestyle was held to be discriminatory.
July 17, 2015 No Comments
Employee who smelled of alcohol was unfairly dismissed
In the absence of evidence suggesting that an employee is unable to do his job, it was unreasonable for an employer to dismiss an employee for coming to work whilst smelling of alcohol.
July 1, 2015 No Comments
Request to wear shorter jilbab: discrimination or health and safety?
An employer’s request that a Muslim employee wear a shorter jilbab for health and safety reasons was held not to be discriminatory.
June 10, 2015 No Comments
Are whistleblowers being protected?
The charity Public Concern at Work has found that whistleblowers are not being adequately protected under the current legal regime.
June 10, 2015 No Comments
PRA Chief comments on EBA’s report on role-based allowances
Andrew Bailey, Chief Executive of the Prudential Regulation Authority, has recommended that firms amend staff contracts so as to ensure compliance with the European Banking Authority’s report on the use of role-based allowances to contravene the EU bonus cap.
June 10, 2015 No Comments
Court tailors interim injunction to reduce client impact
An employer has been granted an interim injunction restraining its former employees’ use of confidential information and intellectual property at a competitor. However, it has limited those restraints so as not to cause harm to a customer.
June 10, 2015 No Comments
EAT clarifies the “public interest test” for whistleblowing claims
A disclosure does not need to be in the interest of the public at large in order to satisfy the “public interest test” as set out in whistleblowing legislation, and can concern only a small group of people.
June 4, 2015 No Comments
Employee’s admission to misconduct meant limited subsequent investigation required
Where an employee admits to misconduct, it may be reasonable for an employer to limit its investigation into the situation.
June 4, 2015 No Comments
