Discrimination by association: handle with care - 6th Oct, 2008
Martha Arnold considers the implications of the ECJ’s ruling in Coleman v Attridge Law, in which an employee alleged that she suffered discrimination from her employer because of her disabled son.
Ms Coleman, was employed as a legal secretary ...
House of Lords gives comparator test the (Nova) cold shoulder - 15th Sep, 2008
HOUSE OF LORDS GIVES COMPARATOR TEST THE (NOVA)COLD SHOULDER
Aron Pope considers the House of Lord’s reasoning in its decision in Mayor and Burgesses of the London Borough of Lewisham v Malcolm which overturned the previous comparator test for...
Kelly v The University of Southampton – Can it really be unreasonable to dismiss an illegal worker? - 6th Jun, 2008
Employers might be forgiven for believing that on discovering that an employee does not have the correct permissions to work for them or reside in the UK that the employment must be terminated with immediate effect or the employer will face immediate...
James v Greenwich London Borough Council – The end of the (time) line for agency workers’ unfair dismissal claims? - 29th Apr, 2008
Over the past few years, it has been unclear when an agency worker could be working under an implied contract of employment with the end-user, rather than under any agreement with the recruitment agency. In 2004, the Court of Appeal held in t...
Dismissing employees who are on long-term sick leave due to bullying – can you do it? - 11th Feb, 2008
A Court of Appeal decision has provided helpful guidance on whether an employer can fairly dismiss an employee on long term sick leave where the reason for the sick leave is bullying and mismanagement at work.
Facts
The case, Royal Bank of Scotland...
Collective redundancies: National Union of Mineworkers dig deeper to expand consultation duty - 11th Jan, 2008
Summary
A recent landmark ruling by the Employment Appeal Tribunal (“the EAT”) has significantly altered the position concerning collective redundancies. The key finding in UK Coal Mining Limited v National Union of Mineworkers is t...
We're all going on (an extended) summer holiday..... - 3rd Dec, 2007
Under recent legislative changes, that have amended the Working Time Regulations 1998, the statutory minimum holiday entitlements will increase from 4 weeks per year to 5.6 week per year by 01 April 2009. This increased the minimum entitlement for an...
From Here to Maternity: ECJ pushes the boundaries of Family Friendly Rights - 18th Jul, 2007
Rights for working mums received a major boost recently when the High Court ruled that the UK’s current maternity regime does not comply with EU law. Hot on the heels of the revised maternity laws which took effect from April this year as ...
The Dawn of a new Age? - 25th Jun, 2007
The Employment Equality (Age) Regulations 2006 (“the Age Regulations”) came into force on 1 October 2006 so they have now been around for over 8 months. There have so far been no reported decisions of claims which have been brought un...
Pies and Prejudice – Employers to Assist in the Battle of the Bulge - 29th May, 2007
According to the Department of Health’s latest predictions, more than 12 million adults and one million children will be clinically obese by 2010, if nothing is done to curb Britain’s addiction to unhealthy living. The cost implicatio...
Woman in the workplace - is the glass ceiling finally shattering? - 23rd Mar, 2007
A recent press release from the Equal Opportunities Commission (the “EOC”) has suggested that 6,000 women are “missing” from the 33,000 “top jobs” in the UK. In other words, another 6,000 women would need to take up thes...
Bumping Bonuses - is there an implied term that you must always pay bonuses? - 16th Feb, 2007
It’s bonus time. No doubt, in addition to the numerous grateful employees enjoying champagne in the local wine bar, there are a number who feel that they should have been paid more and have written to you threatening grievances and the lik...
It’s a question of duty – proposed changes to a Director’s obligations to his/her company - 18th Jan, 2007
The duties owed by directors to their respective companies have now been codified by the new Companies Act, which received Royal Assent on 8 November 2006 (the “Act”). Although the part of the Act that deals with directors’ duties has ...
Christmas Claims…… Whose Fault is it anyway? - 8th Dec, 2006
At what point does an employer cease to be responsible for its employees’ actions? This is a particularly pertinent question at Christmas time when parties, lunches and other celebrations and social events provide ample opportunity for alc...
There’s no use crying over spilt milk – how will the Work and Families Act 2006 affect you? - 23rd Nov, 2006
On 1 October 2006, the Work and Families Act 2006 was introduced. This made some important changes to the law on maternity and adoption leave which, as set out below, will need to be reflected in employers’ maternity and adoption policies....
Disfigurement and the DDA - 24th Oct, 2006
According to a recent article in The Times, a pilot with Virgin Atlantic who was left facially disfigured and unable to fly after a car crash is suing Virgin for constructive dismissal and disability discrimination after allegedly being invited to ap...
What have a Fireman in a tumble drier and naked Civil Servants got in common? They are all facing embarrassing misconduct charges - 26th Sep, 2006
Reports last month of several Civil Servants being dismissed following allegations of lewd behaviour at the Rural Payment Agency (RPA), and of a fireman being investigated for being filmed spinning in a tumble drier at a fire station, raised the issu...
She who laughs last… Helen Green v Deutsche Bank - 6th Sep, 2006
Bullying in the workplace has again made it to the headlines. The Helen Green v Deutsche Bank case filled newspaper columns last month splashing Helen Green’s £800,000 damages award all over the front pages.
Taken in conjunction with a re...
E is for Equal Pay - 21st Aug, 2006
The equal pay claim is one of the least understood sex discrimination claims, but is becoming increasingly common. DTI statistics show a gender pay gap of 18% for full-time workers and 40% for part-time workers. Organisations, particularly in t...
10 for 1/10: Practical steps to avoiding age discrimination - 3rd Aug, 2006
Unless you have been living under a rock for the past few months you cannot have escaped the fact that the Employment Equality (Age) Regulations 2006 are coming into force on 1st October this year. Information about the new laws is eve...
The head butt that launched a thousand blogs…. And as many lip-reading contests - 14th Jul, 2006
Just reviewing the commentaries to gauge views on that incident in the final match of the World Cup made me understand once again how we all love to watch a good “bundle”.
But what if the violence is happening in your workplace? What...
Mobile workers: the risks of remote working - 28th Jun, 2006
Since the early 1990s communications technology has given an increasing number of people the ability to work effectively from home (although readers who remember using dial-up modems may still be recovering from the stress levels caused by slow and i...
Sexual orientation in the City - 16th Jun, 2006
The Employment Equality (Sexual Orientation) Regulations 2003 (“the Regulations”) came into force on 1 October 2004. Since that date, lawyers have been keenly awaiting cases and decisions arising out of these Regulations. Prior ...
Being a good sport about absence – inflexibility over World Cup fever could score you an own goal… - 31st May, 2006
Another summer, another season packed full of sport. Last year it was the Ashes that gripped the nation. This year, the football world cup looks set to dominate proceedings.
In just a few weeks time, England kick off their world cup camp...
The Apprentice - 8th May, 2006
“You’re fired”, is an expression which HR professionals prefer not to use in this modern era of consultative personal development, in which managers are encouraged to frame even a dismissal as a life opportunity. But the legendar...
Planning for A-Day (The new pension tax rules) - 10th Apr, 2006
Asoka Karandawala FCA outlines the new pension tax rules which came into effect on 6 April 2006, the main aims of which are to simplify the UK pension regime and encourage greater pension investment
The 6 April 2006, also known as “A-D...
Compensating commercial agents: replacing uncertainty with flexibility? - 1st Mar, 2006
Since the Commercial Agents Regulations came into effect more than twelve years ago various courts and commentators have wrestled with how to calculate the compensation payable to a terminated agent. The difficulty lies in the Regulations’...
Assigning discrimination against transsexuals to the annuls of history - 13th Feb, 2006
Society is a strange beast. It’s trite to say that each of us is an individual – but it happens to be a universal truth: we each have our own fears, strengths, aspirations and desires. Many of us keep some or all of those facets...
How did you fare? - Answers to the 2005 Christmas Quiz - 31st Jan, 2006
A huge thank you and well done to all of our readers who took part in the 2005 Christmas Quiz. The winner will be notified shortly, and for those of you who have been waiting for the answers to our tinsel-clad teasers, wait no more!
Question 1...
Groans & grievances – when the January blues can spell bad news - 15th Jan, 2006
Recent press reports have suggested that the first week in January is the most miserable week of the year for employees and so it is hardly surprising that many HR managers have returned to work after the Christmas break to find a high number of staf...
Double-indemnity: Indemnifying directors - 9th Dec, 2005
Those who are new to holding office in companies, whether public or private, seem to regard being a “director” as a glamorous position. And it can be. But, as many directors and office holders are only too well aware, it can also be an enor...
Sexual Harassment: When comments at the Christmas bash can cost a lot of cash! - 23rd Nov, 2005
Sex Discrimination and harassment have been unlawful since 1975, but it is only 30 years later that we finally have, as part of the sex discrimination legislation, a freestanding statutory definition of sexual harassment. Until the new change in legi...
Massive increase in gender pay gap - 11th Nov, 2005
According to a recent IOD/Croner Award survey carried out between July and August this year, the average pay gap between men and women has increased substantially for the first time in four years.Female directors earned an average of £55,000 per annu...
HRLAW Absenteeism Survey - the results - 24th Oct, 2005
Have you ever heard the one about the employee who claimed her persistent lateness for work was due to her hair taking too long to dry?What about the one who could not attend work because he had locked himself out of his house wearing only his underp...
BA pilot flies to victory on appeal - Jessica Starmer v British Airways plc - 12th Oct, 2005
Mrs Starmer, who has a 2 year old daughter and who is expecting her second child, had reduced her working hours by 25 per cent when she returned from maternity leave last year. This would often involve her being away from home for 3 consecutive night...
London Olympics 2012: In at the deep end with fixed-term contracts? - 21st Sep, 2005
With London winning the race to host the 2012 Olympics, there was much celebration around the capital. However, given that the Olympics are less than 7 years away, London will inevitably see a flurry of commercial activity in preparation for the glob...
The risk of disclosure of confidential information and unfair dismissal - 17th Aug, 2005
In an interesting husband to wife disclosure case, the EAT has recently decided in favour of the former employees. The Employment Appeal Tribunal (“EAT”) held in the recent case of Chandlers (Farm Equipment) Limited v. Rainthorpe, that the ...
Sign here or sign on: changing terms under threat of dismissal - Scott & Co v Richardson - 20th Jun, 2005
Employers, listen up – some good news from the legal coalface, for once! A recent EAT decision has robustly affirmed the right of employers to make key business decisions without interference.
In the case of Scott & Co v Richardson, the Emp...
BA landed with liability for sex discrimination - Jessica Starmer v British Airways - 8th Jun, 2005
On 21 April 2005, Jessica Starmer, a female airline pilot for British Airways (“BA”), succeeded in her claims of indirect sex discrimination and the right to work part-time against BA. Supported by her Trade Union, the British Airline Pilot...
Maternity Rights: Staying ahead of the game - 24th May, 2005
With Labour being voted in for its third term, a new legislative programme for the first parliamentary session was set out in the Queen’s Speech on 17 May 2005. This proposes no less than 45 new Bills. Importantly for HR advisors and employers, ...
Are restrictive covenants and garden leave mutually exclusive? - 11th May, 2005
TFS Derivatives Limited v Morgan Frequently, an employer will wish to prevent former employees from leaving to work for competitors by incorporating in their contracts both a non-compete covenant and provisions for “garden leave”. This case...
Junk…Food for thought? - 20th Apr, 2005
Junk v Kuhnel
The European Court of Justice (ECJ) has clarified the position on an employer’s duty to inform and consult with employees in a collective redundancy situation. In this case, the ECJ held that a redundancy takes place when the emp...
Disability Discrimination : Reasonable Adjustments - 6th Apr, 2005
Adjustments needed before employment? And what about the new law?Williams v. J. Walter Thompson Group Limited (“JWT”). Where an employer knows of a prospective employee’s disability, the employer should not offer that employee the job ...
A discretion too far? When do discretionary bonus payments become payable? - 8th Mar, 2005
Farrell Matthews & Weir v Hansen It may bring a smile to some of your faces to learn that a firm of solicitors has lost a case brought by one of its employees. Ms Hansen, a salaried partner at criminal law specialists Farrell Matthews & Weir ...
What is “disciplinary action”? Are the SDPs a step too far? - 15th Feb, 2005
Wide definitionSo when are you “disciplining” an employee under the new regime? “Relevant disciplinary action” is defined at regulation 2(1) of the Employment Act 2002 (Dispute Resolution) Regulations 2004 (“the Regulations&#...
Villalba v Merrill Lynch – Lessons to be Learned? - 25th Jan, 2005
Many companies will have heaved a collective sigh of relief at the news just before Christmas that Stephanie Villalba, the former Merrill Lynch executive had lost her sex discrimination claim in the Employment Tribunal. Whilst Ms Villalba won her cla...
Final Say on the Final Straw? London Borough of Waltham Forest v Folu Omilaju 2004 - 13th Jan, 2005
Folu Omilaju (“Mr Omilaju”) resigned from his employment with the London Borough of Waltham Forest (“the Council”) and claimed constructive dismissal. The Council had refused to pay him for the time he was absent without leave att...
Recognising Satanic rituals : a step too far? - 30th Nov, 2004
Many readers will have noticed in the Press last month (perhaps understandably with a degree of concern and bewilderment) that it was reported that a Naval officer in the British Armed Forces has been allowed to register as a Satanist by the ship...
Employee’s Health & Safety claim is “given the boot” - 16th Nov, 2004
Fytche v. Wincanton Logistics plcMr Fytche was employed by Wincanton as a lorry driver collecting milk from farms and delivering it to the processing depot. His employer provided him with safety boots with steel toe-caps, which were designed to prote...
New Working Time Proposals: Opt-out or Cop Out? - 1st Nov, 2004
British working hours are long and getting longer, according to Government statistics published earlier this year. A survey published jointly by the Department for Trade and Industry and Management Today magazine found that 1 in 6 workers now work ov...
Update On National Works Councils – The New Regulations - 18th Oct, 2004
On 7 July 2004 the revised draft Information and Consultation of Employees Regulations were issued, reminding us all again that 6 April 2005 is to herald a major departure from current employment practice.This is the legislation which gives employees...
Disability Discrimination: Don’t be caught napping…. - 27th Sep, 2004
1 October 2004 is a date which employers are probably anticipating with a mixture of uncertainty and concern. A good deal of employment legislation is coming into effect on this date, not least of which is that relating to disability discrimina...
Equal Opportunities for Agents? - 20th Sep, 2004
Over the last eight years, many principals have realised that they cannot afford to ignore the provisions of the Commercial Agents (Council Directive) Regulations 1993 (as amended) when dealing with their agents. However, in concentrating upon the Re...
Positive Discrimination: Archibald v. Fife Council - 6th Sep, 2004
The House of Lords has ruled that the positive duty to make reasonable adjustments under the disability discrimination legislation may extend to positively discriminating in favour of disabled people. The case has been remitted to the employment trib...
Immigration – Monthly Survey: Results and Analysis - 10th Aug, 2004
Our HRLaw survey of over 1900 employers and advisors confirms that immigration is an issue for most. The main findings of our survey were:* Despite alarmist media reports anticipating a flood of workers from Eastern Europe when the EU expanded, only ...