As specialists in employment law, we have day to day experience in all employment related matters. We would like to share some of our insights in the articles on this page.

News and comment from the team

Christmas and the Workplace

Christmas is a busy time for a lot of businesses, with many taking on temporary staff to cope with the extra workload. At the same time, many employees will want to take time off to spend with their family, go on holiday or attend religious services. Employers are wise to plan ahead to cope with the varying demands placed on them at this time of year, and to this end the Advisory, Conciliation and

‘Worker’ Status of Uber Drivers Confirmed in Landmark Case

In a ground-breaking ruling, the Employment Appeal Tribunal (EAT) has confirmed that drivers for online cab giants Uber are ‘workers’, as defined by the Employment Rights Act 1996, and are thus entitled to a panoply of rights and benefits. In upholding complaints by a number of Uber drivers who plied their trade in London, an Employment Tribunal (ET) had found that, whenever they had the company’s

Equality Rights – EU Law Takes Priority over UK Legislation

In a ground-breaking decision that underlined the primacy of European law, the Supreme Court has opened the way for a police officer to appeal against her dismissal to an Employment Tribunal (ET) on disability discrimination grounds. The officer had suffered post-traumatic stress disorder after being assaulted whilst on duty. She was subsequently involved in an incident that led to her arrest and

The Employment Tribunal Fees Refund Scheme

Following a four-week pilot scheme, the Employment Tribunal Fees Refund Scheme is now open to anyone who paid fees in respect of an Employment Tribunal or Employment Appeal Tribunal claim after their introduction in July 2013. Those eligible can apply online here. Alternatively, the following forms are available to apply for a refund by post or email: Form 1-C – Application for refund of ET fees f

Near-Fatal Industrial Accident Triggers Health and Safety Appeal

Many people do dangerous jobs, but employers are required by law to do all in their power to minimise risks, and the consequences of failing to do so can be severe. In one case, an equipment maintenance company was served with an improvement notice under the Health and Safety at Work etc. Act 1974 after a near-fatal accident. A worker suffered catastrophic injuries when he fell through the floor o

Restrictive Covenant in Engineer’s Contract Passes Reasonableness Test

Restrictive covenants in employment contracts involve the imposition of restraints on employees’ personal freedom and have to be reasonable to be enforceable. In one case, the High Court ruled that a clause in an engineer’s contract that prevented him from working for competitors for 12 months passed that test. The engineer worked for a company that specialised in making high-tech consumer goods a

Restaurant Owner Pays with His Liberty for Peanut Allergy Sufferer’s Death

Disregarding health and safety rules can put your liberty, as well as the welfare of your staff and customers, in jeopardy. The owner of a restaurant that served a peanut allergy sufferer with a fatal dish found that out to his cost. The customer had an allergy so severe that it could be triggered by mere proximity to peanuts. He took no chances and, before ordering a takeaway curry from the resta

Discrimination – Identifying the Right Comparator Can be Problematic

The usual way of detecting discrimination is to conduct a comparison between the treatment of complainants and colleagues in a similar position. However, as one Employment Appeal Tribunal (EAT) decision illustrated, identifying an appropriate comparator is frequently problematic. The case concerned a doctor who claimed that her employer’s two-thirds final salary pension scheme unlawfully discrimin

The Firm’s Annual Christmas Party

The annual Christmas party gives employers the opportunity to thank members of staff for their contribution over the past year and is a chance for everyone to relax and enjoy the holiday season. However, it is easy to forget that an employer owes its employees certain obligations, even outside work, when the event has been organised by the employer, and that employees’ conduct during it should com

Extended Criminal Record Certificates – A Balance Must Be Struck

Those who work with children or vulnerable adults are required to have extended criminal record certificates (ECRCs) so that prospective employers can judge whether they are fit to perform such sensitive roles. However, as one Court of Appeal case showed, a careful balance has to be struck between disclosure of information and the serious blight that might cause to an individual’s career. The case

Employer Not Liable for Office Worker’s Chair Prank

If a negligent worker causes injury in the course of his job, compensation is generally payable by his or her employer under the principle of vicarious liability. However, as one case concerning an office prank showed, that does not apply where the worker concerned is on a frolic of his own. A woman suffered a serious injury to her lower back when a colleague pulled her chair away just as she was

Strike Ballots Test Case – Trade Unions Don’t Have To Give Precise Dates

Trade unions have long been required to ballot members before calling a strike, but only recently have they also been required to indicate on voting papers the period, or periods, during which industrial action is proposed. That provision came under the spotlight in a High Court test case concerning a planned strike by airline pilots (Thomas Cook Airlines Limited v British Airline Pilots Associati

The New Data Protection Bill

The Data Protection Bill 2017 was introduced to the House of Lords on 13 September 2017. The Bill, which is due to come into force in May 2018, will replace the Data Protection Act 1998 and incorporate the General Data Protection Regulation into national law so that the rules continue to apply after the UK has left the European Union. The aims of the Bill are to: make UK data protection laws fit f

Prison Officer Wins Substantial Damages for Psychiatric Injuries

Workplace disciplinary proceedings can be extremely stressful and it is foreseeable that dragging them out unnecessarily can not only be a breach of the Advisory, Conciliation and Arbitration Service Code of Practice on Disciplinary and Grievance Procedures but can also cause psychiatric harm to employees. In one case, a prison officer who had serious allegations of sexual misconduct hanging over

Gender Reassignment Discrimination: Key Points for the Workplace

The Equality Act 2010 makes it unlawful to discriminate against someone or treat them unfairly because of gender reassignment. This guidance contains advice for employers to ensure they comply with the law in this regard. As well as an overview of the specific meaning of this protected characteristic, the guidance suggests ways in which employers can support trans workers and advises on adaptation

Workplace Support for Parents with Premature or Sick Babies

Each year, 95,000 premature or sick babies are born in the UK. This guidance contains important information for employees and employers on practical issues that can arise when an employee’s baby is born preterm or is born full-term but is unwell, and suggests ways in which employers can support employees in these difficult circumstances. See http://www.acas.org.uk/index.aspx?articleid=6049.

Monitoring of Employee’s Electronic Communications Did Violate His Privacy Rights

In the long-running case of Bărbulescu v Romania, the European Court of Human Rights (ECHR) looked at an employer’s right to examine an employee’s use of office computers for sending personal communications during working hours, in breach of the employer’s internal regulations, and ruled that the monitoring of the electronic communications was reasonable and an acceptable means o

Equal Pay – Can You Compare One Type of Job With Another?

For the purposes of equal pay legislation, can workers doing one job compare themselves with others performing an entirely different task when both are paid from a single source? In an important decision, the Employment Appeal Tribunal (EAT) has ruled that the answer to that question is ‘yes’ (Asda Stores Limited v Brierley and Others). The case concerned about 7,000 Asda retail worker

Employers, Just One Sexist Comment Can Have Serious Consequences!

In a warning to employers that just one discriminatory comment can have dire consequences, the Court of Appeal has upheld a six-figure compensation award to a secretary whose line manager told her that women take things more emotionally than men (BAE Systems (Operations) Limited v Konczak). Marion Konczak began working for BAE Systems (Operations) Limited as a secretary in 1998 and w

The Wording of Contracts is All Important – but Context Matters Too

The wording of contracts is the first port of call for judges who are asked to interpret them – but context matters too. The Court of Appeal made that point in resolving a long-running dispute that arose from the closure of a packaging factory and the loss of over 100 jobs. The factory’s demise was marked by bitter dispute between the company that owned it, its employees and th

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