Baldeh v Churches Housing Association of Dudley and District Ltd

One of the essential elements of a claim for discrimination arising from disability is knowledge. For liability to attach, the employer must have known, or be reasonably expected to have known, about the individual’s disability before subjecting them to the unfavourable treatment. The Employment Appeal Tribunal (EAT) has reached an important decision about the timing […]

When Tweets Backfire

Danny Baker described posting that tweet about new royal baby Archie as a ‘stupid unthinking gag’. The post featured a picture of couple, holding a clothed chimpanzee, and the words ‘Royal Baby leaves hospital’. Baker was very swiftly sacked by the BBC in response. This is social media; a friend, yet in many ways a […]

An Allegation of Defamation Could Be a Protected Disclosure

The Employment Appeal Tribunal (EAT) has held that an employee’s attempt to set the record straight about blame cast on him could be covered by whistleblowing legislation – if it also clears the ‘public interest’ hurdle. The law It is unlawful for an employee to be dismissed or subjected to a detriment for having made […]

Addison Lee Drivers Were Workers

The perennial question of worker status has hit the headlines again. The Employment Appeal Tribunal (‘EAT’) has confirmed that three drivers for the taxi and courier firm Addison Lee were not, as the company claimed, self-employed and in business on their own account. Rather, they were workers who were entitled to the National Minimum Wage […]

Feature – Romantic Relationships in the Workplace

While you focus on strategies to maximise performance and engagement in your business, could your employees be engaging in extra-curricular activities? The workplace can be a fertile place for spawning intimate relationships and according to a survey by CareerBuilder.com 38% of those responding have dated a co-worker at least once. However a Vault.com survey, which […]

Criminal Conduct in the Workplace

It has long been established that employers can be vicariously liable for unlawful acts committed by their employees in the course of their employment. In the leading authority ofLister and others v Hesley Hallthe House of Lords held that in determining vicarious liability in the employment context the key question is whether the employee’s torts […]

Offence in the Workplace

Legalities in an office/workplace can be very difficult. What some people see as ‘banter’ others see as ‘bullying’. Flippant comments can have heavy repercussions for both employers and employee. Making sure a zero-tolerance culture is implemented is always the best solution but this said, there are still going to be cases where people are offended […]

Time to Train?

A right for employees to request time off work to undertake study or training has applied to employers with 250 or more employees since 6 April 2010. This right was due to be extended to all employees, regardless of the size of their employers from 6 April 2011. However, following consultation, the government has decided […]

Ignorance is a defence?

Docherty and another Ignorance is a defence? InDocherty & Another v S W Global Resourcing Ltd,the Scottish Court of Appeal (the Court of Session) considered whether, given an employer’s ignorance of the legal effect of its actions, the dismissal of employees had been fair. There are five potentially fair reasons for dismissal: conduct, capability, redundancy, […]