News

On Thursday 12th January 2023 the Government started a consultation process to ensure that holiday pay and entitlement received by workers is proportionate to the time they spend working. In July 2022, the Supreme Court handed down its judgment on Harpur Trust v Brazel.  This case concerned the calculation of holiday pay and entitlement of a … Read more

The EAT upheld a tribunal’s decision that it was fair to dismiss an employee after reopening a previously concluded disciplinary process that had led to a final written warning. The case had unusual facts, and the Court of Appeal had held in a previous case that there is no absolute rule against double jeopardy. The claimant … Read more

Millions of employees will receive day one right to request flexible working, giving employees greater access to flexibility over where, when, and how they work, leading to happier, more productive staff. Flexible working has been found to help employees balance their work and home life, especially supporting those who have commitments or responsibilities such as … Read more

The EAT considered whether the duty to make reasonable adjustments arose where a disabled employee refused to participate in an interview forming part of a redundancy process. The employee’s refusal was unconnected to his disability, but rather because he had lost confidence in his employer. Mr Hilaire suffered from depression and arthritis. As part of … Read more

There is a common misconception that a current or former employee is entitled to a ‘good’ reference or, more accurately, that an employer cannot make any negative comments about an employee.  This is simply wrong. The legal duties on employers in relation to references have been considered by the courts in a number of cases … Read more

In Hilco Capital Ltd v Harrington, the claimant was dismissed by her employer. She made a claim to the employment tribunal and succeeded in a complaint of unfair dismissal for whistleblowing. The claimant did not apply for any jobs in the period from her dismissal to the remedy hearing because she believed it would come … Read more

In Marangakis v Iceland Foods Limited [2022] EAT 161, the EAT considered whether an original dismissal still vanishes where an employee expressly no longer seeks reinstatement but continues with their appeal. Ms Marangakis was dismissed for alleged gross misconduct in January 2019 and appealed, indicating that she wished to be reinstated. Subsequently, she changed her … Read more

In the case Bathgate v Technip UK Ltd and others the Employment Appeal Tribunal has held a settlement agreement cannot compromise a discrimination claim that has not yet arisen. In this case the Claimant signed a voluntary redundancy agreement which settled his claims against his employer. There was a specific waiver which set out a … Read more

The Employment Appeal Tribunal (EAT) has ruled a dismissal was unfair when the Employer made the decision to dismiss the Claimant on the grounds that her contract was the first to expire which meant the pool for redundancy selection was reduced to one. The Claimant was a nurse employed through a series of fixed term … Read more