Category: Employment
February 2016
Disability Discrimination and References
Author: Keith Potter
A further illustration of the pitfalls associated with allegations of disability discrimination arises from a recent Employment Appeal Tribunal (EAT) case involving the giving of a written and verbal reference.
November 2015
Employers Liable for Staff Who Drive at Work
Co-Authors: Matthew Kilgannon and Daniella Magennis
BACKGROUND
Many employers are oblivious to a very important legal responsibility; protecting the health and safety of employees who drive at work.
October 2015
How Safe is 'Safe-Harbour'?
On 6 October, the Court of Justice of the European Union (CJEU) issued its decision that has far reaching implications on businesses that transfer personal data to the United States. It held that the European Commission’s decision on 26 July 2000 that personal data can be transferred to the United States where organisations sign up to the ‘Safe-Harbour’ data protection principles, was invalid.
September 2015
Unfair Dismissal where HR overstepped the mark
Author: David Seals
In the recent case of Ramphal –v- Department for Transport, the Employment Appeal Tribunal (“EAT”) held that a dismissal was potentially unfair where it had been too heavily influenced by the HR department. The case has serious implications on the limit to HR’s role in dismissal cases.
July 2015
Work and The Menopause
Author: Nicola O'Dwyer
The menopause may be a taboo subject at work but employers who ignore it are potentially at risk of employment claims. A recent government commissioned report indicated that employers should consider the impact that the menopause may have on their female employees and how they can address any issues they may experience.
July 2015
Dismissal of Christian for Homophobic Views was Discrimination
Author: David Seals
In the recent case of Mbuyi –v- Newpark Childcare (Shepherds Bush) Limited an employment tribunal found that a Christian nursery worker had been unlawfully discriminated against when she was dismissed for expressing negative views of homosexuality at work in relation to a colleague.
May 2015
Election 2015: What's In Store for Employment Law?
Author: David Seals
With less than a week until polling day, we consider what the main political parties have planned for employment law should they be elected.
April 2015
"Public Interest" Test for Whistleblowing - An Easy One to Satisfy?
Author: David Seals
The Employment Appeal Tribunal (EAT) has made a decision which suggests that the “public interest” test for whistleblowing claims introduced two years ago will be a much easier one to satisfy than had been previously thought.
April 2015
Injury to Feelings Awards Can Be Tax Free
Author: Matthew Kilgannon
The recent case of Timothy James Consulting v Wilton has provided some helpful guidance on a couple of important areas of law:
March 2015
Shared Parental Leave
Author: David Seals
Shared Parental Leave (“SPL”) is a brand new employment right from April 2015 which allows working parents to share statutory leave and pay on the birth or adoption of a child.