The High Court granted an injunction against an employee trying to walk away from a long notice period and non-compete restrictions. It held that the employment relationship was still in existence even though the employee had not been paid.
An employment contract had been poorly thought through so that on a literal interpretation of the post termination non-compete restrictions within it, no protection was given to the employer. The Court of Appeal held that words could not be added to protect the employer’s interests in a badly struck deal.
The Advocate General has given an opinion that ‘severe’ obesity could amount to a disability under the Equal Treatment Framework Directive. He thought that only people with a body mass index of 40 or over would suffer sufficient hindrance to participation in professional life to be considered disabled.
Mr Badmos was a regional development manager for Family Mosaic Housing Association. This employer employed five regional development managers, three of which were new business managers and two were delivery managers. Mr Badmos was a delivery manager. In 2009, the Housing Association decided to reduce the number of regional development managers from five to four, eliminating one new business manager. Both sets of managers were treated as having interchangeable skills and so Mr Badmos’ role could be made redundant, despite the fact that his role as delivery manager was not being cut.
In this complicated case concerning the giving of references in the public sector, the High Court has made a determination of an important point of principle of general application, namely that a disclaimer at the end of a reference purporting to absolve the giver of the reference from legal liability with respect to the recipient is effective. For some years, this had been in doubt.
The Supreme Court has held that that the blanket requirement to disclose all convictions and cautions for the purpose of criminal records checks without regard to their relevance was not compatible with the right to respect for private life under Article 8 of the European Convention of Human Rights.
A decision by the Court of Appeal confirmed that an employer was not under an obligation to make reasonable adjustments for a non-disabled employee whose daughter had Down’s syndrome. The Court of Appeal held that although employers are under a duty to make reasonable adjustments for their employees who have disabilities, they are not under an obligation to make reasonable adjustments for an employee who does not have a disability but is associated with someone who does.
The Court of Justice of the European Union (CJEU) has held that the estates of deceased workers are entitled to payments for any accrued but untaken statutory annual leave entitlement at the time of their death and that such payments are ‘essential to ensure the effectiveness of the entitlement to paid annual leave’.
The defendants in a case refused to mediate a dispute until judgment was due to be given after a 4 day trial. The defendant was ordered to pay the claimant’s costs on an indemnity basis (i.e. a more extensive basis than the standard basis) because the defendants had unreasonably failed to mediate.
The Employment Appeal Tribunal (‘EAT’) held that when considering whether a dismissal was discriminatory on the grounds of age, tribunals should consider the mental processes of those influencing the decision makers, as well as the decision makers themselves.
An employee who tried to claim constructive dismissal was held by the Employment Appeal Tribunal (‘EAT’) to have affirmed his contract, rendering him unable to claim constructive dismissal, by giving more than his contractual notice.
A challenge brought by Unison to the introduction of fees in Tribunals and Employment Appeal Tribunals has been dismissed by the High Court. The High Court considered that the case had been brought prematurely and that further evidence would be needed before it could be convinced that the fees regime should be overturned. Leave to the court of Appeal has now been granted.
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