9 June 2019 Blog Employer’s appeal dismissed in Flowers litigation The Court of Appeal has today dismissed an appeal by the East of England Ambulance Service NHS Trust and ruled that regularly worked voluntary overtime should be reflected in the calculation of its workers’ holiday pay... Share this article Bookmark this page 3 min read
3 June 2019 Blog Court of Appeal takes new look at Equality Act exceptions for pregnancy and childbirth Last month’s decision from the Court of Appeal should dispel any remaining doubts about whether employers are legally required to pay fathers taking shared parental leave as generously as mothers on maternity leave... Share this article Bookmark this page 3 min read
21 May 2019 Blog Are the UK's working time record-keeping rules fit for purpose? The European Court of Justice has ruled that there is an EU-wide requirement under the Working Time Directive for employers to maintain an “objective, reliable and accessible system” to measure working time, including normal working time and daily and weekly rest breaks... Share this article Bookmark this page 3 min read
6 May 2019 Blog Erroneous belief about health impact of working conditions did not arise from disability In a recent decision involving a warehouse worker in Rotherham, the EAT has set an important limit on the extent of an employer’s liability for disability discrimination... Share this article Bookmark this page 3 min read
30 April 2019 Blog Compulsory union recognition procedures don’t extend to de facto employer The High Court has ruled out the possibility of the University of London being compelled to recognise a union representing a group of outsourced workers performing services at its premises. Mills & Reeve (David Faulkner) represented the University in these proceedings... Share this article Bookmark this page 3 min read
9 April 2019 Blog Significant failures in disciplinary process supported inference of discrimination The Employment Appeal Tribunal has upheld a tribunal’s ruling that serious shortcomings in the way disciplinary proceedings were handled supported an inference of direct discrimination because of sexual orientation... Share this article Bookmark this page 3 min read
29 March 2019 Blog Must disciplinary proceedings await outcome of criminal investigation? In an appeal in which Mills & Reeve has been representing the employer, the Court of Appeal has given some helpful clarification about when internal disciplinary proceedings should be postponed where there is a parallel criminal investigation... Share this article Bookmark this page 3 min read
27 March 2019 Blog Embracing the new retirement With UK workers living and working longer, we are beginning to see many looking for a new type of retirement. According to a recent survey of workers aged 50 or over, half wanted to gradually wind down to retirement... Share this article Bookmark this page 3 min read
13 March 2019 Blog Government defines non-regression commitment for workers’ rights The Government has promised on a number of occasions to “not only protect but to enhance workers’ rights” after Brexit. Last week, it published some draft clauses which set out exactly what rights it is talking about and what degree of protection it aims to give... Share this article Bookmark this page 3 min read
6 March 2019 Blog Suspension must have “reasonable and proper basis” but is not a “neutral” act The Court of Appeal has confirmed that a decision to suspend must have a “reasonable and proper basis” if an employer is to avoid liability for breach of contract. This will be a matter for the trial judge to assess, and an appellate court should be slow to interfere with his or her conclusion... Share this article Bookmark this page 3 min read
30 January 2019 Blog Special redundancy protection to be extended to pregnant women and maternity leave returners The Government is consulting on plans to extend the redundancy rights currently enjoyed by women on maternity leave to pregnant women and women returning to work after maternity leave. There is also a possibility of giving similar rights to parents returning to work from adoption or parental leave... Share this article Bookmark this page 2 min read
9 January 2019 Blog Top ten employment law topics for 2019 To mark the start of 2019, we have put together our review of the past year. We have selected the topics that we think have most engaged employment lawyers and human resources practitioners over the past 12 months and will continue to be significant in the year ahead... Share this article Bookmark this page 1 min read