Related insights: Contracts, Policies and Procedures
Implied term prevented employer dismissing employee on long-term disability benefits
06 Dec 2018
In Awan v ICTS UK Ltd (UKEAT/0087/18), the Employment Appeal Tribunal had to decide whether dismissing a disabled employee who was on long-term disability benefits was in breach of an implied contractual term.
Racing ahead with disciplinary hearing led to unfair dismissal finding
12 Sep 2018
In Talon Engineering Ltd v Smith (UKEAT/0236/17) the Employment Appeal Tribunal (EAT) concluded that an employment tribunal (ET) was entitled to find that Mrs Smith had been unfairly dismissed when her employer refused her request to postpone a disciplinary hearing to enable her union official to accompany her.
Did working a lengthy notice period mean employees had accepted the employer's breach of contract?
30 Aug 2018
In Brown and others v Neon Management Services Ltd and another [2018] EWHC 2137, the High Court found that, while the act of giving and working a substantial period of notice amounted to an affirmation of the employment contract, subsequent breaches by the employer amounted to a fundamental breach, which allowed the employees to resign with immediate effect and released them from their restrictive covenants.
Successful appeal against dismissal automatically revives contract of employment
26 Jul 2018
In Patel v Folkestone Nursing Home Ltd, the Court of Appeal ruled that where an employee successfully appeals against a dismissal, the employment relationship is revived and should be treated as having remained in existence throughout, even if the contract is silent on the point.
Was issuing a disciplinary warning to a disabled employee for her sickness absence disability discrimination?
21 Jun 2018
The employment tribunal (ET) statistics for the quarter January to March 2018 have recently been published and again demonstrate the continuing trend of increasing claims following the abolition of ET fees last year.
Zero hour worker could compare himself to a full-time permanent employee
07 Jun 2018
In Roddis v Sheffield Hallam University (UKEAT/0299/17), the Employment Appeal Tribunal (the EAT) had to decide whether Mr Roddis, who was on a zero hours contract, could compare himself to a full-time colleague and bring a claim for less favourable treatment under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.
Do you have to know about your rights before you can resign in response to a breach of them?
05 Apr 2018
In Mruke v Khan [2018] EWCA Civ 280, the Court of Appeal had to decide whether a domestic worker who resigned after being paid only 33 pence per hour but who was unaware of her right to the national minimum wage could claim constructive dismissal.
Was head teacher fairly dismissed for failing to disclose relationship with offender?
29 Mar 2018
The Supreme Court rarely hears employment law cases so they are worth reporting when they happen. In Reilly v Sandwell Metropolitan Borough Council (previously known as A v B and another) [2018] UKSC 16, the Supreme Court had to consider whether a school had unfairly dismissed a head teacher who had not disclosed a relationship with a person convicted of making indecent images of children.
Firefighters' on call time counts as working time, ECJ rules
01 Mar 2018
In the case of Ville de Nivelles v Matzak, the European Court of Justice considered whether time spent by a retained firefighter during which he was on "stand-by" at home and could be required to report for work within eight minutes was "working time" under the Working Time Directive.
When will an employer be assumed to know that an employee is disabled?
22 Feb 2018
If an employee is disabled, an employer has a duty to make reasonable adjustments for them, under the provisions of the Equality Act 2010. That duty only arises if the employer either knows, or could reasonably be expected to know (para 20 Schedule 8 EqA) that the individual has a disability, and is "likely to be placed at a disadvantage" in comparison to someone who does not have a disability.
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