Employment law knowledge Base

We have many years’ experience in defending Employment Tribunal claims and appreciate the process can be stressful.Here are five things which you should either know or consider, as an employer:- 1. What does the Claimant want as an outcome? Normally, it’s compensation but sometimes the Claimant will want their old job back or a different […]

There’s been a lot in the press about the case of Royal Mail Group Limited -v- Jhuti recently. Briefly, the facts are that:- Jhuti worked in RM’s media team and made a number of disclosures to OFCOM; her line manager responded in kind by constructing a false picture of inadequate performance; and this false picture […]

For a disclosure to be “qualifying” (and potentially form the basis of a protected disclosure, which could lead to a subsequent and successful claim), the Claimant must make the disclosure and reasonably believe it is in the public interest. The case below is a useful reminder that the Claimant’s “belief” should always be investigated and […]

The GP (Narayan – “N”) in the case below was deemed a worker by the Tribunal, with which the Employment Appeal Tribunal (EAT) agreed, despite N being engaged and paid via a limited company from 2015 (which the healthcare provider was not initially aware of). The judge noted the main features of the N’s role, […]

https://www.telegraph.co.uk/news/2019/08/15/worker-sacked-refused-go-work-following-death-dog-claims-bereavement/ An interesting article in the Telegraph last week which will, no doubt, provoke many thoughts and reactions from its readers. As a pet owner myself, I know I’d be devastated if/when my kitty leaves me (if even she regularly tries to trip me up at the top of the stairs – the little minx!). […]

An employer did not discriminate by enhancing maternity pay, but failing to enhance shared parental pay. The Court of Appeal decided that: employers that pay enhanced maternity pay but only statutory shared parental pay do not directly or indirectly discriminate against men and are not in breach of equality of terms (equal pay) legislation. This […]

Identifying the reason for dismissal The employer must establish the reason or principal for dismissal in any unfair dismissal claim. Lack of clear evidence of poor performance is therefore likely to prevent the employer from successfully asserting “capability” as a reason for dismissal. Does the employer have a reasonable belief in the employee’s incompetence? The […]

Handling the dismissal of an employee is never easy. Up to 60% of HR managers have seen conflicts at work spill over into violence, and even if the employee you’re letting go isn’t likely to fly off the handle, it’s never pleasant to have to tell someone they have lost their job. Unfortunately, it is […]

Many think of employment cases as disgruntled employees taking on their employers in a court of law. What, however, if it’s the employee that doesn’t keep up their end of the bargain? As an employer, you have the right to seek legal advice to get the compensation you deserve. You may find that your employee […]

Can an Employer Withhold Pay? A Nottingham Solicitor Advises When you employ people in your business, there’s a clear understanding that you will remunerate them in exchange for work done. The question is, can an employer withhold pay when their employees don’t stick to their end of the arrangement? Find out about your rights as […]

The Redundancy Process: How to Arrange Fair Selection Pools During the redundancy process selection pools are often required to ensure things remain fair and legally above board. Where there is only one person performing a role and that role is redundant, a selection pool is not generally necessary. However, you should consider a pool if […]

How to Settle a Case Out of Court: Tips for Businesses You never know when you might need assistance with Employment Tribunal litigation. In fact, 90% of businesses are involved in some form of litigation at any given time. Commercially, you shouldn’t necessarily be thinking about how to win a case if it goes to […]

The EAT has considered a claim of victimisation based on protected acts performed by a third party. It decided the tribunal was legally incorrect to conduct an assessment of the degree of connection or association between the individual and the third party. The proper test was whether the employer subjected the claimant to a detriment by reason of the […]

Two employees (Jones & Battersby) attended a corporate social event, being fully aware of their employer’s accepted standards of conduct and behaviour. After they both consumed alcohol, Mr Jones punched Mr Battersby in the face. Mr Battersby subsequently texted Mr Jones more than once threatening, amongst other things, to “rip [his] f***ing head off”. These threats were not actively pursued by […]

In Risby v London Borough of Waltham Forest,  the EAT decided there only needs to be a loose connection between an employee’s conduct and their disability for a discrimination arising from disability claim to be made out. Mr Risby’s employer (LBWF) dismissed him for misconduct after he lost his temper when he discovered LBWF had decided to move a course […]

RELIGIOUS DISCRIMINATION: A Christian employee, believing her marriage vow is sacrosanct, was put at a ‘particular disadvantage’ for the purposes of an indirect discrimination claim when given a “choice” to leave her husband (who was convicted of sexual offences relating to children) or be dismissed. She stayed with her husband and her employer, a school, […]

Bear Scotland (No2): Confirmation that a series of deductions is broken by gaps of three months or more We have received confirmation that a three-month gap or more breaks the series of deductions. This limits the scope to make retrospective claims for underpaid holiday pay under the unlawful deduction from wages jurisdiction. The EAT effectively […]