Employment Eye (March 2008) Discrimination and harassment round-up
The scope of employees’ protection from discrimination and harassment has been considered, and narrowly interpreted, in three recent key decisions. Sarah Lamont considers how the employment law land lies following this trio of cases.

Employment Eye (March 2008) Unilateral variations to contract
If a contractual change is imposed on an employee and they agree to it but “under protest”, is it fair to dismiss them if they then insist on working to their original contract? Nicola Stibbs reports.
 

Employment Eye (March 2008) News round-up
April may be the cruellest month, but it is also, traditionally, one of two months of the year during which the government introduces legislative changes (the other being October). This month’s news round-up, reported by Alastair Currie, focuses on the changes which will be taking effect in the coming weeks.

Employment Eye (March 2008) Mock employment tribunal
Details on our half and full day workshops

Employment Alert (February 5 2008) Employment status of agency workers
Alert! The Court of Appeal has handed down its judgment in James v London Borough of Greenwich and held that long term agency workers are not necessarily employees.

Employment Eye (February 2008) Alert! Expired warnings can be taken into account when making a decision to dismiss
In Airbus UK Limited v Webb, the Court of Appeal reversed a decision of the Employment Appeal Tribunal and said that, in certain circumstances, it may not be necessary to ignore spent warnings when making a decision about whether to dismiss an employee. David Widdowson sets out the details.

Employment Eye (February 2008) Tribunals answering age old questions?
Age discrimination case law round-up
Sara Woffenden reports on four recent decisions which shed some light on how tribunals are approaching the Age Discrimination Regulations.

Employment Eye (February 2008) Maternity leave and sick pay
Marie-Claire Boyle considers a recent decision of the Employment Appeal Tribunal which clarifies how employers should deal with pregnancy related illness before, during and after maternity leave, and also whether policy documents stored on an intranet page could be incorporated into an employee’s contract of employment

Employment Eye (February 2008) News round-up
A summary of the latest news, events and forthcoming changes in the employment field, reported by Julian Hoskins.

Employment Alert (31 January 2008)
Important Advocate General's opinion on disability discrimination

Employment Eye (January 2008) Alert! Opinion of the Advocate General on holiday entitlement during long term sick leave
The Advocate General has published his much anticipated opinion in Stringer v HMRC (previously known as Ainsworth v HMRC) on whether employees on long-term sick leave are entitled to holiday pay. Bethan Cobner reports.

Employment Eye (January 2008) On the horizon: key employment legislation and cases in 2008
The coming year looks set to be just as busy as 2007 in terms of legislative and case law developments. Julian Hoskins looks at what’s coming up.

Employment Eye (January 2008) Increases to employment tribunal awards
The annual increases to the limits on awards for claims in the employment tribunals take effect from 1 February 2008. Sarah Maddock sets out the details.

Employment Eye (January 2008) Employment Bill 2007: proposed repeal of the statutory dispute resolution procedures
The Employment Bill 2007 had its first reading on 6 December 2007 and marks the beginning of the end of the somewhat fraught history of the statutory dispute resolution procedures.

Employment Eye (January 2008) Equal pay grievances
John Moore reports on an important decision from the Employment Appeal Tribunal which confirms that, in equal pay claims, an employee’s comparator identified in their grievance must substantially or materially the same as the comparator identified in their complaint to the Employment Tribunal.

Employment Eye (January 2008) Unfair dismissal and ill health early retirement
Fiona Killingworth considers a decision of the Employment Appeal Tribunal which confirms that a reasonable employer should give proper consideration to an ill-health early retirement scheme before making a decision to dismiss an employee for long-term sickness absence.

Employment Eye (December 2007) - Spotlight on Unfair Dismissal
Sarah Lamont looks at three recent cases which clarify the approach the employment tribunals are taking towards claims of unfair dismissal.

Employment Eye (December 2007) - TUPE: post transfer surprises
When does an employee have to object the transfer of their employment in a TUPE transfer? Alec Bennett investigates.

Employment Eye (December 2007) Agency workers - news round-up
The benefits and legal protections afforded to agency and temporary workers are the subject of constant review and judicial interpretation. Sara Touzel considers recent key developments
 

• Employment Eye (November 2007) Redundancy and mobility clauses
  In the context of a potential redundancy situation, to what extent can an employer rely on a contractual mobility clause to avoid liability for redundancy payments? Julian Hoskins reports on a recent decision of the Court of Appeal.
   
• Employment Eye (November 2007) Collective redundancy consultation
  Employers will be concerned by the EAT’s ruling that they are under a duty to consult collectively about the business reasons for making redundancies. Fiona Killingworth examines the implications of the decision.
  
  Employment Eye (November 2007) Offsetting rolled-up holiday pay
  Sarah Leverton questions whether employers should rely on a case which suggests that they may offset rolled-up holiday payments against claims for statutory holiday pay even where the method of calculating the payments was not set out in writing before the employee started work.
   
• Employment Eye (October 2007) Investigating allegations of malingering
  Sarah Michael considers a recent decision of the EAT concerning the sufficiency of an employer’s investigation into the conduct of an employee who was dismissed for malingering.
  
  Employment Eye (October 2007) DDA – consultation as a reasonable adjustment?
  The EAT has confirmed that an employer is not required, as part of the duty to make reasonable adjustments, to discuss options for alternative work with a disabled employee. Nevertheless, Mugni Islam-Choudhury points out that there are a number of potential pitfalls for the employer who fails to consult.
  
  Employment Eye (October 2007) Redundancy – suitable alternative employment and trial periods
  When can a redundant employee, having accepted alternative employment, change his or her mind without losing the right to a statutory redundancy payment? Marie-Claire Boyle reports on a recent decision of the EAT.
  
  Employment Eye (September 2007) Statutory dismissal procedures
  Two recent decisions of the EAT have shed light on the factors that tribunals should take into account when assessing the amount of the uplift for an employer’s failure to follow the statutory dismissal procedures. There has also been some guidance on the requirements for notifying an employee of his or her right of appeal. Jodie Sinclair reports.
  
  Employment Eye (September 2007) New guidance on personal data
  There has been much uncertainty as to what information amounts to an employee’s “personal data” under the Data Protection Act 1998. Sara Woffenden examines new guidance issued by the Information Commissioner, which departs from the narrow interpretation previously applied by the Court of Appeal
  
  Employment Eye (September 2007) Stress claims – impact of employer’s conduct
  Anne Palmer considers two recent Court of Appeal cases concerning the scope of an employer’s liability where an employee is suffering from a stress-related illness which the employer has allegedly caused.
   
• Employment Eye (September 2007) LGPS update
  Best Value Authorities Staff Transfers (Pensions) Direction 2007. If you are either a best value authority, such as a local authority, or a private contractor who contracts with best value authorities, then this Direction will be relevant to you.
  
  Employment Eye (August 2007) Disability discrimination – normal day-to-day activities
  The EAT has recently considered whether a senior police officer’s dyslexia, which impeded his performance in a promotion exercise, had a substantial adverse effect on his normal day-to-day activities. Andrew Davidson reports.
   
• Employment Eye (August 2007) Equal pay round-up
  Sarah Lamont considers the implications of three key decisions of the EAT in the field of equal pay. Issues that have arisen in recent weeks include the impact of a TUPE transfer on the time limit for bringing an equal pay claim, and whether a union had discriminated against its female members by negotiating a low settlement in respect of their claims for back pay.
  
  Employment Eye (August 2007) A right to redeploy?
  Katy Horner looks at a recent Court of Appeal decision in which the question was whether an employer was entitled to withhold the wages of a teacher who refused redeployment to a workplace other than the one specified in her employment contract.
   
• Employment Eye (July 2007) Restrictive covenants
  Sara Woffenden considers a recent case in which the Court of Appeal took a refreshingly pragmatic approach to the enforceability of a post-termination non-dealing clause in a contract of employment.
   
• Employment Eye (July 2007) Increase in statutory leave entitlement
  The Government has estimated that 5.9 million workers will benefit from the forthcoming increase to statutory leave entitlement under the Working Time Regulations. Caroline Havard reports on the practicalities and pitfalls for employers.
   

Employment Eye (July 2007) Ownership of contacts lists
When an employee stores a list of personal and business contacts on the employer’s computer, to whom does that information belong? Alastair Currie considers the implications of a recent High Court ruling and offers some advice on drawing up IT policies.
 

Employment Eye (June 2007) Compromise agreements – employee’s breach of warranty
If an employee breaches a warranty given as part of a compromise agreement, can the employer withhold a termination payment due under that agreement? Tim Woodward considers the High Court’s decision in Collidge v Freeport plc.
 

Employment Eye (June 2007) Speaking off the record
The “without prejudice” rule prevents the content of settlement discussions between employer and employee from being referred to as evidence in legal proceedings. Katie Owen looks at two recent cases which clarify the scope of the rule.
 

Employment Eye (June 2007) The new vetting and barring scheme
The vetting and barring scheme, due to be introduced next year, will protect children and vulnerable adults by setting up a streamlined system of registration for individuals who wish to work with such groups. Mike Smith reports on the new obligations imposed on employers.

Employment Eye (June 2007) Returning from maternity leave
Beth Cobner looks at the recent case of Blundell v The Governing Body of St Andrew’s Catholic Primary School, in which the EAT considered exactly what “job” an employee is entitled to return to after maternity leave.

Employment Eye (May 2007) Disability discrimination – scope of duty to adjust
Is an employer required, as part of the duty to make reasonable adjustments, to take steps such as consulting the employee about possible adjustments or obtaining a medical report? David Widdowson examines the EAT’s latest decision on this point.

Employment Eye (May 2007) No ifs or butts

As from 1 July 2007, England will become smoke-free. Rahim Amarshi reports on the action points for employers, which include putting up no-smoking signs, devising smoking policies and issuing guidance on whether staff are permitted to smoke in company vehicles.

Employment Eye (May 2007) An implied right to work overtime?
Raj Basi looks at the recent case of North Lanarkshire Council v McDonald and anor, in which the EAT considered whether employees’ contracts had been varied to include an implied contractual right to carry out a certain amount of paid overtime each week.
 

Employment Eye (April 2007) Sick pay policies and disabled employees
Julian Hoskins examines the Court of Appeal's recent ruling on whether the Disability Discrimination Act 1995 requires an employer to retain an employee on full pay during long-term sick leave.

Employment Eye (April 2007) Bank holidays and part-time workers

The Court of Session has decided that an employer’s refusal to give a part-time employee pro rata entitlement to bank holidays did not amount to discrimination under the Part-time Workers Regulations. Sara Woffenden reports

Employment Eye (April 2007) DTI amends guidance on rolled-up holiday pay
Claire Cooke considers the implications of the DTI's recent amendments to its guidance on the Working Time Regulations, which make it clear that the practice of paying rolled-up holiday pay is unlawful and must cease..

Employment Eye (April 2007) Whistleblowing round-up
Sarah Leverton looks at three recent cases which appear to have widened the scope of the statutory protection available to whistleblowers in the workplace.

Employment Eye (March 2007) Whose ETO reason?
Can a transferor in a TUPE situation carry out pre-transfer dismissals relying on the transferee’s economic, technical or organisational (‘ETO’) reason? Sarah Lamont looks at a recent Court of Session decision that addresses this important issue.

Employment Eye (March 2007) TUPE: all change?
Alec Bennett considers whether a recent decision of the EAT gives employers any more leeway to change terms of employment against the backdrop of a TUPE transfer.

Employment Eye (March 2007) Unfair dismissal: all is not lost
When an employer finds himself in the unfortunate position of having carried out a procedurally flawed dismissal, he may be able to avoid liability for unfair dismissal or obtain a reduction in compensation by arguing that the dismissal would have occurred in any event. Chloe Edwards gives practical guidance

Employment Eye (March 2007) Grievances in the spotlight
Jean Sapeta takes a look at some recent cases that shed light on the scope of the statutory grievance procedures.

Employment Eye (January 2007) Who's the boss?
Recent guidance from the EAT severely limits the circumstances in which an agency worker can claim to be an employee of the organisation to which he or she is assigned. Andrew Davidson considers the implications.

Employment Eye (January 2007) What's in store for 2007?
The new year looks set to keep HR managers busy dealing with a number of important developments in employment law. John Moore takes a look at what's in store.

Employment Eye (January 2007) Increase to employment tribunal awards
The annual increase to the limits on compensation awards takes effect from 1 February 2007. Sarah Leverton sets out the details.

 Employment Eye (December 2006) Dismissing for stress-related illness
Can an employer fairly dismiss an employee who is absent with a stress-related illness for which the employer is responsible? David Widdowson considers a recent EAT case that clarifies this issue.

Employment Eye (December 2006) Challenging non-payment of bonuses
Raj Basi looks at two recent cases in which employees raised novel arguments challenging a refusal to award them bonus payments.

Employment Eye (December 2006) Grievance procedures and tribunal time limits
Anne Palmer examines two cases in which the EAT held that a grievance letter submitted before the time limit for bringing a tribunal claim had started to run was sufficient to trigger the statutory extension of the time limit.

Employment Eye (November 2006) Anti-social hours bonuses held to discriminate against women
Julian Hoskins looks at a recent tribunal case on equal pay that has serious implications for employers who pay allowances for shift-work or anti-social hours.

Employment Eye (November 2006) Enhanced redundancy scheme was contractual
A recent Court of Appeal decision raises a presumption that enhanced redundancy schemes are contractually enforceable. Sarah Leverton examines what this means for employers.

Employment Eye (November 2006) Speaking off the record
Chloe Edwards considers the circumstances in which supposedly “without prejudice” settlement discussions can be relied on as evidence in a discrimination claim.

Employment Eye (October 2006) Rewarding length of service
The recent ruling of the European Court of Justice on the use of length of service as a criterion in pay scales has been misreported in some sections of the media. Sarah Lamont examines what it really means for employers.

Employment Eye (October 2006) When long-term sickness meets disability discrimination
Sara Woffenden looks at three disability discrimination cases that dispel some of the myths surrounding the management of long-term sickness absence.

Employment Eye (October 2006) DTI forced to tighten guidance on rest breaks
A recent decision of the European Court of Justice has prompted the Government to alter its guidance on rest periods under the Working Time Regulations. Jodie Sinclair sets out the action points for employers.

Employment Eye (October 2006) Clandestine recordings of disciplinary hearings
Caroline Havard considers the circumstances in which employees can rely on unauthorised tape recordings of disciplinary proceedings as evidence in tribunal proceedings.

Employment Eye - (September 2006) Permission to re-organise?
Do employers need the Tribunals to approve their re-organisation in order for the resulting dismissals to be fair? Ask Sarah Lamont and Bethan Cobner.

Employment Eye - (September 2006) Stress and bullying - employers beware
Sarah Michael looks at how work related stress and bullying and harassment can give rise to successful personal injury claims and claims under the Protection from Harassment Act 1997.

Employment Eye - (September 2006) New Guidance on Religious Discrimination
The Employment Appeal Tribunal has looked at religious discrimination for the first time and Alastair Currie considers what this means for employers.

Employment Eye - (July 2006) Discrimination Round Up
Sarah Lamont looks at a new challenge to the Age Discrimination Regulations and the discrimination issues currently keeping the UK's courts and Tribunals busy.

Employment Eye - (July 2006) Tupe or not Tupe?
Katy Horner looks at a key House of Lords decision on the timing of TUPE transfers and whether it will now cause employers to think twice before arranging secondments of staff.

Employment Eye - (July 2006) Blowing the whistle on post-employment discrimination
Will a recent Court of Appeal decision widen the scope for whistle blowing employees to claim victimisation long after their employment has terminated? Writes Jacqui Atkinson.

Employment Eye Update (June 2006)
Andrew Davidson comments on the recent House of Lords judgment in the long-running case of Celtec v Astley

Employment Eye (June 2006) World Cup fever
As the World Cup is upon us, David Widdowson looks at what employers can do to cope with employees afflicted by that familiar virus that strikes workplaces once every four years.

Employment Eye (June 2006) When is an agency worker an employee?
Tim Woodward analyses a key decision from the Court of Appeal which is likely to cause yet more problems for employers who engage staff via employment agencies.

Employment Eye (June 2006) Equal Pay on the agenda
Following the introduction of Agenda for Change, the NHS is currently facing an onslaught of union backed equal pay litigation and Raj Basi takes a look at what employers can expect as more and more claims filter through the system

Employment Eye (June 2006) Collective redundancy consultation and the stretchy elastic of compliance
The EAT has handed down a useful judgment which considers employers' collective redundancy consultation obligation, Beth Cobner highlights how it could prove useful for employers.

Local Government Pension Scheme (LGPS) Update (March 2006)
This update is aimed at Local Authorities and other public bodies and private bodies (such as admissions bodies) who administer and/or participate in the Local Government Pension Scheme.

Employment Update: Disability Discrimination Act case round up (January 2006)

Employment Alert: Increase to employment tribunal awards (December 2005)

Employment Update: statutory grievance procedures. . .employers beware (December 2005)

Employment Alert: The Civil Partnership Act 2004 - be prepared! (September 2005)

Employment Update: NHS Update (August 2005)

Managing Long-Term Sickness Absence - Notes from Kings College NHS Trust Seminar

Statutory Dismissal, Disciplinary and Grievance Procedures - Notes from Kings College NHS Trust Seminar

Employment Update: Bonuses during maternity leave. A pregnant pause? (May 2005)

Employment Alert - Court of Appeal ruling on holidays and long term sick leave (May 2005)

Employment Eye April 2005 - Includes articles on information consultation, new employment tribunal rules, sexual harrassment and 2004 Pension Act

Employment Alert: Draft TUPE Regulations Published (March 2005)

Employment Update: Collective redundancies (March 2005)

Employment Alert: Increase In Employment Tribunal awards (January 2005)

Employment Update: Don't get in a fix - January 2005

Employment Update: Legislation Round Up (December 2004)


Please note: The information in Knowledge is for guidance only. As every legal issue has its own unique characteristics, we always advise you to check with us before taking action.