Blog archive

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...

Two recent decisions of the Employment Appeal Tribunal provide examples of how to calculate unfair dismissal compensation where there is a chance that the claimant could still have been dismissed even if the employer had adopted a fair procedure...

The Employment Appeal Tribunal has ruled today that employers must now include most types of overtime when calculating holiday pay under the Working Time Regulations for salaried workers...

One common myth is that for an employee to “TUPE transfer” he/she must spend more than 50% of their working time on the transferring business or outsourced activity...

The First-tier Tax Tribunal has decided that an employee was not liable for his employer's PAYE under-deduction because his employer did not take reasonable care to comply with the PAYE regulations...

The High Court has ruled in favour of the employer of a precious metals derivatives trader who refused to accept his immediate resignation and declined to pay him unless he reported for work...