10 July 2019 Blog Making covert recording is normally misconduct, but severity will vary Last week’s decision from the Employment Appeal Tribunal gives some useful guidance about the rights and wrongs of recording workplace meetings... Share this article Bookmark this page 3 min read
9 July 2019 Blog Offending words in non-compete clause could be severed The Supreme Court has reversed the Court of Appeal and decided that two words could be removed from a non-compete clause to make in enforceable. This is the first case of this nature to have reached our top Court for 100 years or so... Share this article Bookmark this page 3 min read
23 June 2019 Blog Direct appeal to workforce in relation to collectively agreed term can be permissible The Court of Appeal has decided that our trade union legislation does not prohibit an employer appealing directly to its workforce on a single occasion about a change to a particular contractual term, provided that it is willing to continue to negotiate with the union in relation to that term in the future... Share this article Bookmark this page 3 min read
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