A company has won its appeal against a TUPE transfer ruling following the awarding of a contract with the Ministry of Defence. The case involved a company called Millbrook Furnishing Ltd, which renovated wood and metal furniture for the MoD between 2003 and 2008. It did so as a sub-contractor of another business called Amaryllis.
Two migrant workers who were “treated disgracefully” by their employers have lost their claim for race discrimination. However, the courts upheld their claims relating to other grievances. The case involved two workers who were in the UK on migrant domestic worker’s visas obtained for them by their respective employers. Both sets of employers had supplied
An agricultural supplies company has succeeded in preventing two of its former employees from dealing with its customers for six months after resigning. The case involved two employees who joined the company as trainee agronomists. Their contracts of employment included a six-month notice period. There were also covenants stating that for six months after leaving
The referendum vote to leave the European Union could have a significant effect on UK employment law although there will be no change in the short term while the Brexit process is taking place. It means EU law relating to matters such as TUPE, Working Time Regulations and Agency Workers will still apply over the
The European Union’s top legal adviser says employers can have a ban on wearing religious symbols and clothing in the workplace as long as it applies to all faiths and views equally. Juliane Kokott, the European Court of Justice’s advocate general, said such a ban “may be justified if it enables the employer to pursue
A fingerprint expert who was sacked after making a mistake has won her unfair dismissal claim against the police. Fiona McBride was one of four specialists who said a fingerprint found at a crime scene was that of an investigating officer who had been told to stay away from the premises. This turned out to
Restrictive covenants are a useful way to protect your business from competition from employees who may leave to join a rival company. They work in various ways such as preventing an employee from competing with your business for a set period or within a set area, or by preventing them approaching your clients for a
A woman has been awarded £832,000 in a sexual harassment and sex discrimination case involving an NHS trust. Helen Marks was the Director of Workforce and Organisational Development at Derbyshire NHS Trust and earned just under £100,000 a year. The Employment Tribunal heard evidence that while she was working there she was approached by the
People who feel they’re being discriminated against at work and are considering bringing a claim need to act quickly. Claims generally have to be brought with three months minus one day of the discrimination taking place. There are limited exceptions to this but the best advice is to act within the deadline. A woman with
The Employment Appeal Tribunal has confirmed that employees are entitled to have commission earnings added to their holiday pay. The decision is the latest round in a long running case involving British Gas and one of its salesmen, Mr Joe Lock. Mr Lock earned a basic wage plus commission. However, when he took holidays, he