Contents tagged with Employment Appeal Tribunal

  • 3 Things We Learnt In Law This Week (10 January 2019)

    Tags: Unfair Dismissal, Redundancy, Employment Law, Employment Tribunal, Employment Appeal Tribunal, Court of Appeal, Drugs Test, Trial Periods, Part-time, Pay

    Unfair Dismissal

    Is it fair to dismiss an employee in the transport industry who fails a drugs test? Not always, said the employment tribunal ('ET') recently in Ball v First Essex Buses.

    A bus driver was dismissed for failing a drugs test. He had been employed for 20 years with an unblemished disciplinary record. He was diabetic. He did finger prick blood tests throughout the day and would lick his fingers to stop the bleeding. His bus route took in lots of students and he handled lots of cash. He argued that his drug test had been contaminated by cocaine on bank notes. He also argued that the test was conducted without gloves or prior handwashing and so was open to contamination. He provided his own drug tests which tested negative for cocaine.

    The ET ound that the employer’ … more

  • Gig Economy – Royal Mail Group Facing legal action from drivers

    Tags: Gig Economy, Royal Mail, Drivers, Supreme Court, Employment Tribunal, Employment Appeal Tribunal, Self-Employed, Worker, National Minimum Wage, DPD

    The trend towards gig economy drivers and contractors demanding employment status rights will continue throughout 2018. This should come as no surprise when you consider the recent report published by parliamentary committees which determined nearly 1.6 million people work for gig-economy giants and find relatively little protection provided under current employment law due to their status. 

    We previously reported on the Uber drivers ongoing battle in August 2016, and the EAT decision in November 2017 if you haven’t been keeping up with our gig economy posts. 

    More recently, in December 2017, couriers at Parcelforce Worldwide commenced legal action against its parent group, Royal Mail Group Ltd, over failure to pay drivers the national minimum wage and holiday pay.& … more

  • LEGAL UPDATE: Failure to Provide Enhanced Share Parental Pay is NOT Sex Discrimination

    Tags: Shared Parental Leave, Shared Parental Pay, Maternity Leave, Paternity Leave, Pregnancy, Employment Tribunal, Employment Appeal Tribunal, Equality Act 2010, Direct Sex Discrimination

    The Employment Appeal Tribunal (“EAT”) has decided that failure to pay a male employee enhanced shared parental pay, in circumstances where it paid enhanced pay to women on maternity leave, was not direct sex discrimination.  

    In the case of Capita Customer Management Ltd v Ali, the EAT overturned the Employment Tribunal’s (“ET”) decision which had found sex discrimination on the basis that the claimant, who was planning to take shared parental leave, was entitled to compare himself with a woman taking maternity leave as they accepted that the main purpose of both types of leave was to care for the child. 

    In this case, female employees were entitled to maternity pay comprising 14 weeks’ basic pay followed by 25 weeks’ statutory … more

  • LEGAL UPDATE: Recent case law on unfair dismissal

    Tags: Unfair Dismissal, Case Law, Employment Appeal Tribunal

    The Supreme Court has unanimously dismissed an appeal brought by a head teacher who was sacked after she failed to disclose her friendship with a convicted sex offender to a local authority.

    In Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 Ms Reilly was the former head teacher of a primary school which was, at the relevant time, maintained by Sandwell.

    Approximately ten years before she became the head teacher of the school, she met a man, Mr Selwood, who became her close friend. They were not, however, in a sexual or romantic relationship. Although Ms Reilly was aware of Mr Selwood’s conviction, she decided not to disclose it to the governing body of the school. 

    In June 2010 Sandwell learnt of Mr Selwood’s conviction, and of Ms Reilly’s … more

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  • How To Manage Workplace Relationships

    Tags: Sex Discrimination, Victimisation, Sexual Harassment, Employment Law, Human Resources, Valentine's Day, Workplace Relationships, Romantic Relationships

    With Valentine’s Day making February the month for romance, this month we take a look at some of the potential risks to employers when romance blossoms amongst employees and the steps that can be taken to address these.

    Why Should An Employer Be Concerned About Its Employees Forming Romantic Relationships In The Workplace?

    Romantic relationships between employees in the same organisation can expose the employer to a number of legal risks. These are most likely to arise when one employee is pursuing another to start a relationship or, even more so, when the relationship breaks down. The most obvious legal risks are as follows:

    Sexual Harassment

    This occurs where one employee engages in unwanted conduct of a sexual nature which has the purpose or effect either of violating … more

    

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