Employment Law Updates

Constructive Dismissal and Affirming the Contract

6th February

In layman’s terms, constructive dismissal is where an employer makes it so difficult for an employee to continue in their employment that they feel forced to resign. In those circumstances the law may assist the employee by trea ...

Employment Tribunal Annual Statistics

18th January 2023

As part of a report released on the 8 December 2022 the Ministry of Justice (MOJ) published statistics on the employment tribunals for the financial year 2021 -2022. The headline figures are set out below:• For the period between ...

Discrimination – An Employer’s Defence?

16th March 2021

Employers can be responsible for the unlawful acts of discrimination of their employees even if such acts were committed without the employer’s knowledge or approval. It is however open for the employer to argue in its defence ...

Guidance on Legal Costs for Employment Tribunals

27th May 2020

We have set out below guidance on legal costs for bringing or defending claims for unfair dismissal or wrongful dismissal before an Employment Tribunal.We have extensive experience of preparing for and attending employment tribuna ...

Discrimination on Grounds of Ethical Veganism

6th February 2020

Employment law provides protection against discrimination in the workplace. In a recent employment tribunal case, it was held that this protection could extend to discrimination relating to a belief in ethical veganism.The Equalit ...

Disability Discrimination - It's Not What You Know, It's What You Ought To Know

15th May 2019

A recent case before the Employment Appeal Tribunal (EAT) has highlighted a number of areas relating to the law on disability discrimination where employers need to exercise caution. The case of Baldeh v Churches Housing Associati ...

Employment References - The Employer's Dilemma

17th September 2018

In an increasingly litigious world, employers need to be cautious about the statements that they make in employment references in order to avoid potential claims relating to discrimination, defamation and negligent misstatement. I ...

Should Holiday Pay Calculations Take Into Account Voluntary Overtime?

9th August 2018

The Employment Appeal Tribunal (EAT), has recently had to consider whether voluntary overtime should be taken into account when calculating employees’ holiday pay (Flowers and others v East of England Ambulance Trust).Mr Flowers a ...

Summary Misconduct Dismissal Where No Single Act Of Gross Misconduct

25th May 2018

In most cases it will be unfair for an employer to dismiss an employee for misconduct without any prior formal warnings unless the employee has committed an act of gross misconduct. The Employment Appeal Tribunal (EAT) recently co ...

Hidden Cameras in the Workplace Breach Employees' Privacy Rights

16th January 2018

A couple of recent decisions of the European Court of Human Rights (ECHR) will be of interest to employers who are considering installing video cameras in the workplace. Both cases related to Article 8 (the right to privacy) of th ...