Blog archive

A recent High Court ruling involving a primary school teacher is a reminder that suspension, if not handled correctly, can amount to a fundamental breach of contract. That can make it possible for an employee to resign in response and claim constructive dismissal...

The High Court has ruled that amendments made to the Civil Service Compensation Scheme last year were unlawful and accordingly of no legal effect. These changes were introduced to reduce the value of voluntary exit, voluntary redundancy, compulsory redundancy and inefficiency payments...

The latest employment law decision from the UK’s top court has done much to clarify how the law on indirect discrimination should be applied in practice...

The Court of Appeal has dismissed a challenge to the statutory union recognition procedures, which allow an employer’s existing relationship with a “sweetheart union” to block a recognition bid from an independent union...

Earlier this year we explored the impact of two recent Supreme Court decisions on vicarious liability in this blog posting, where we focussed on the wider variety of workplace relationships now likely to be within its scope...

A female train driver has won part of her battle against inflexible rostering arrangements by securing an EAT ruling that they had put her at a particular disadvantage as a woman, and therefore could potentially amount to indirect sex discrimination...

The EAT has confirmed that the ACAS Code of Practice on disciplinary and grievance procedures does not apply to ill-health dismissals where there is no allegation of misconduct...

The Employment Appeal Tribunal has confirmed that the definition of a service provision change can still be satisfied if a single service is split on functional lines when being transferred. There is no requirement that all the constituent activities must be transferred to a single transferee...

As from Monday 11 January, new regulations will give zero hours workers a remedy in the employment tribunal if they are victimised for breaching an exclusivity term in their contract...

The latest Employment Appeal Tribunal ruling on internal appeals is a reminder that they do not necessarily need to be a complete re-hearing to cure defects in the original disciplinary process...

At first glance, two rulings of the European Court of Justice published on 16 July have little to do with the UK – or with each other for that matter. But on closer examination they could both provide the move towards greater gender equality with added impetus, not only in this country but elsewhere in Europe...

The EAT has recently explored the implications of a well-established legal principle that a successful appeal against dismissal will revive the contract of employment: in effect the employee will be treated as if the dismissal had never happened...