Worker Rights for Pimlico Plumber

The highest court in the UK has handed down a significant decision on the ever-present question of worker status. The Supreme Court yesterday upheld the Court of Appeal’s decision that Mr Smith – a plumber who worked for Pimlico Plumbers – was not, as the company claimed, a self-employed contractor but a worker entitled to […]

Is Shared Parental Leave a ‘sham’ of equality?

In a time when men are encouraged to take a more active role in bringing up their children, shared parental leave should be a great thing – an opportunity for parents to decide which of them should care for their new born, and when. However, it seems that the provisions may not have the teeth […]

Getting the Right Reason for Dismissal: Sekander v Rocketmill

One of the key elements of a fair dismissal is making sure the employee is dismissed for a potentially fair reason. That reason must also be the true reason for the dismissal – choosing the ‘wrong’ reason for dismissal can lead to problems down the line, as demonstrated in Sekander v Rocketmill, a case in […]

Trends in Employment Tribunals

It’s 8 months since the Supreme Court decision that Employment Tribunal fees were unlawful. We take a look at the effect this has had, as well as forthcoming deadlines and changes to Employment regulations and statutory requirements. End of Employment Tribunal Fees Claimants breathed a collective sigh of relief in July last year when the […]

Making Reasonable Adjustments in every case

Whether an employer has met its duty to make reasonable adjustments will depend on the facts in each case – but as Mitchell v Marks and Spencer illustrates, even the most pro-active equal opportunities employer should resist the temptation to rest on its laurels when it comes to disability discrimination. What are reasonable adjustments? Reasonable […]

Would I lie to you?

The implied duty of mutual trust and confidence in the employment relationship provides employer and employee with a potential opportunity to challenge pretty much any behaviour – although whether the challenge will be successful is another matter. In a recent case, the not unusual scenario of employer lying about reason for dismissal was put into […]

Waiting a little longer – long term sickness dismissals

Dismissing an employee who has been on long term sick leave is a scenario that can be fraught with difficulty – particularly when the employer must always consider if it should “wait any longer and, if so, how much longer[1]“. It’s difficult for the employee too, who may be frustrated by his or her condition, […]

Shared parental leave and pay – treating fathers equally

2018 looks like it will be an interesting year for employment law. One of the cases coming up is the appeal in Ali v Capita Customer Management Ltdlooking at questions of direct discrimination in relation to shared parental leave and pay. The Shared Parental Leave Regulations 2014 were introduced with the aim of giving families […]

HOLIDAY PAY BASED ON OVERTIME

There has been extensive coverage in the media of the judgment of the Employment Appeal Tribunal which has held that under the Working Time Regulations 1998 workers were entitled to holiday pay based on their normal pay, including any overtime (Bear Scotland Limited and others v Fulton and Hertel (UK) Ltd and Amec Group Ltd […]