Brexit – The Legal Considerations
While it is still too soon for any certainty and teething problems are likely to persist, it is possible to speculate and draw some current conclusions on the effect of Brexit on some areas of UK legal practice.
Business Employment
Mr G Lewis v Dow Silicones UK Limited – a lesson in TUPE!
Mr G Lewis v Dow Silicones UK Limited Mr Lewis (the Claimant) resigned following a TUPE transfer and claimed unfair dismissal as a result of fundamental breaches of contract by his employer and/or on a breach of regulation 4(9) of TUPE arising from the introduction of new standby/call out arrangements and an extension of his
Christian Actress who brought discrimination and harassment claims after anti LGBT comments loses at the Employment Tribunal
In January 2019, Seyi Omooba was cast as the lead role in the theatre production of “Celie” which was to be a joint production by the Curve Theatre Leicester and the Birmingham Hippodrome. Following her appointment in the role, it was brought to light that Ms Omooba had previously made anti LGBT comments on her own
Taxi for Uber – Supreme Court rules that Uber Drivers are Workers
More than 90,000 Uber drivers will welcome the news that the UK’s Supreme Court has ruled that they are to be treated as workers, rather than self-employed for employment purposes. The decision means that they will be entitled to receive the national minimum living wage, paid annual leave and other worker’s rights which they would
Out of date diversity training could give rise to employment claims
An employer’s ‘reasonable steps’ defence to a claim of racial harassment was dismissed by the Employment Appeal Tribunal. In spite of the fact that the culpable employee and three other employees who were aware of the harassment, which included two managers who failed to report the incidents to HR, had received equality and diversity training
Furlough – is consent a necessity?
Employers may find themselves at risk of being ordered to pay 100% of an employee’s salary as the Employment Tribunal has held that the absence of written confirmation of furlough arrangements could give rise to an unlawful deduction of wages claim. The Claimant had worked part-time in a café since 2003 and following the national
A recent update on victimisation and protected acts under the Equality Act
Employees are advised to think carefully about the wording used when writing a grievance to their employer, after the Employment Appeal Tribunal held that an employee’s allegations in her written grievance that the employer’s conduct “may amount to discrimination” would not constitute a protected act under the Equality Act 2010. The employee in question was
Jaguar Land Rover failed to follow its own dismissal procedure
Car manufacturer Jaguar Land Rover dismissed one of its employees without following its own absence management procedures. That was the decision of the Employment Tribunal in a case involving Mr V Rumbold who had worked for the car manufacturer since February 1999. In 2018, Rumbold was diagnosed with avascular necrosis disease, which caused his hip
Calling all group companies – do you really know who you are employing?
In an employment relationship, the identity of the employer is usually very clear; however, where an employee works for a group of companies, it can sometimes be trickier to identify which of the group companies is the true employer. This can sometimes cause issues, particularly from a tax perspective, when it comes to identifying where
Lockdown 3 – Parents’ rights to time off
As we enter Lockdown 3 and the closure of schools, there has been a lot of talk in the media about options that are available to parents who have childcare responsibilities including the possibility of furlough on either a full-time or flexible basis. The guidance on furlough confirms that employees can be furloughed for this