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The EAT considered whether an employee who said she was too ill to resign for 18 months and who received 39 weeks’ sick pay during that period had affirmed her contract.
It is possible for employers to defend unfair dismissal claims arising from inappropriate use of social media even if the misconduct is not work-related.
A recent case considered whether to strike out a caste discrimination claim on the basis that caste is not expressly stated in the Equality Act 2010.
A recent European Court of Justice decision suggests that obesity could be regarded as a disability for the purposes of EU (and UK) law.
Following years of litigation on collective redundancy folliwing the demise of Woolworths we may be on the cusp of a return to a more employer-friendly position.
Inflation has, in recent years, occupied an almost permanent slot in our news headlines.
The EAT considered whether an employee had accepted a change to her terms and conditions of employment by continuing to work for a period of nine years without expressly objecting to the change.
The recent case of Sefton Borough Council v Wainwright clarified the position. This case is especially relevant to employers who propose making redundancies in connection with a restructuring process.
The Employment Appeal Tribunal (EAT) ruling in Dyer v London Ambulance NHS Trust is a rare example of a case where no “reasonable adjustments” could be made to the workplace.
The Royal Bank of Scotland restructured the division in which Ms Palmer worked and she was placed at risk of redundancy.
The Employment Appeal Tribunal gave an important ruling on 4 November 2014 in Bear Scotland v Fulton.
The EAT has considered whether an employee who had repudiated his employment contract could bring a constructive dismissal claim following his employer’s subsequent repudiatory breach of contract.
Obesity is estimated to affect around one in four UK adults. The EU advocate-general’s recent non-binding opinion may give rise to significant implications for employers.
The fact that an employee is on sick leave is a relevant consideration when determining whether a delay in resigning would prevent a claim for constructive dismissal.
The Court of Appeal has considered whether the High Court made the right decision in re-writing a 12-month non-compete covenant so that it made commercial sense.
The EAT considered whether a clause, which enabled the employer to deduct a month’s salary if an employee failed to work their notice period, constituted a penalty clause.
James Lynas, a partner at Winckworth Sherwood specialising in education employment law, highlights easily avoidable human resources errors that can cost schools dear.
Protecting confidential information is understandably an important issue for most employers.
A member of an LLP is a ‘worker’ within the meaning of the Employment Rights Act 1996 and therefore qualifies for whistleblowing protection.
This case will remain relevant when assessing whether any future legislation regarding the disclosure of historic cautions or warnings breaches the right to private life.