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More on the burden of proof in direct discrimination
/in Equality Act 2010/by Meredith HurstA few weeks ago, we reported on the case of Efobi v Royal Mailin which the EAT seemed to have shifted the emphasis in the burden of proof in discrimination cases. A recent Court of Appeal decision has shifted the position back leaving the orthodoxy undisturbed. What happened in Efobi? The Efobi case involved a […]
Rethinking Holiday Pay for ‘Workers’- King v Sash Windows
/in Working Time Regulations/by Meredith HurstIt may not be hitting the headlines in the same way as the Uber case, but a recent CJEU decision, in the long running King v Sash Windows case, has big implications for ‘workers’ and their employers. Holiday Pay under the Working Time regulations – workers’ entitlement Although ‘workers’ do not have the same protections […]
Can a well-run grievance procedure prevent an employee ‘going rogue’?
/in Uncategorised/by Meredith HurstWhile many people would have been delighted to hear the news that Donald Trump’s twitter account was taken off air for 11 minutes a couple of weeks ago by an employee as she was leaving, further reflection might raise concerns. Imagine if one of your employees decided to take similar action. How could this damage […]
Employment Status – Confusion or Clarity?
/in Employment Law/by Meredith HurstThe EAT recently upheld the Employment Tribunal’s decision in the Uber case, confirming that Uber drivers are workers and not self-employed. A week later, in response to an application that the Independent Workers Union of Great Britain (IWGB) be recognised by Deliveroo for collective bargaining purposes, the Central Arbitration Committee determined that Deliveroo couriers are […]
Employment status, Uber and control
/in Employment Tribunal/by Meredith HurstAccording to the Office of National Statistics, around 15% of the UK’s workforce is ‘self-employed’. We have, we are told, a ‘gig economy’ – no longer fuelled by employees but freelancers, self-employed entrepreneurs picking up ‘gigs’ to perform work when and where it suits. But with Uber challenging the Employment Tribunal decision that its drivers […]
Stop Press!! Bereavement Leave & Employment Tribunal Fees
/in Employment Law/by Meredith HurstWe bring news of two interesting developments for employers and for employees and for anyone who made an employment tribunal claim between 29 July 2013 and 26 July 2017 Bereavement Leave Despite the provisions for taking time off in emergencies, and unpaid parental leave, there is no express provision for parents to take time off […]
Can I take that time off?
/in Right to time off/by Meredith HurstOver the last few years, the UK has built up a treasure chest of rights for employees and workers in respect of time off work. Alongside annual leave, and sick leave, there’s maternity, paternity and adoption leave. There’s the right to unpaid parental leave, and time off for family and dependants. Your employer may also […]
Considering questions of settlement- Asda Stores Ltd v Brierley & Ors
/in Compromise Agreements/by Meredith HurstJust a couple of weeks ago, the EAT delivered its decision in one of the ‘cases to watch’ for 2017, Asda Stores Ltd v Brierley & Ors. The case is still at a preliminary stage. The EAT decision relates to whether the claimants, store workers, who are mostly female, can compare themselves to distribution depot […]
Hidden Disabilities – a Practical Seminar on 21 September 2017
/in Equality Act 2010/by Neill ThomasAs awareness of ‘hidden disabilities’ – dyslexia, dyspraxia, autism, ADHD – grows within society as a whole, it’s becoming clear that there is still a great deal of ignorance about these conditions – also known as ‘neurodifferences’ and how they affect people. In the workplace, the fact that someone might not ‘appear’ to be disabled […]