News

In Uddin v London Borough of Ealing UKEAT/0165/19, the EAT decided that an employee had been unfairly dismissed when the investigating officer failed to inform the dismissing manager that the alleged victim of a sexual assault by the employee had withdrawn her complaint to the police. Background The dismissal of an employee for a reason … Read more

What is continuous employment? Continuous employment is a statutory concept. It is a term used to describe the length of unbroken time that an employee has worked. It can consist of the time that an employee worked for a single employer or (in some cases) can include work done for a previous employer. The period … Read more

Parents who suffer the devastating loss of a child will be entitled to 2 weeks’ statutory leave, Business Secretary Andrea Leadsom announced on 23rd January 2020. The Parental Bereavement Leave and Pay Regulations, which will be known as Jack’s Law in memory of Jack Herd whose mother Lucy campaigned tirelessly on the issue will come … Read more

If an employee is going to be employed for more than one month they are entitled to a written statement of certain terms of their employment.  This is commonly known as a Section 1 Statement as the requirements are contained in Section 1 of The Employment Rights Act 1996 and the requirements can be incorporated … Read more

The Supreme Court has decided that an employee had been automatically unfairly dismissed as a result of protected disclosures even though the person who made the decision to dismiss her was unaware of the protected disclosures. Usually it is accepted that the reasons given by the appointed decision-maker will be the reasons for the dismissal. … Read more

In Dewhurst v Revisecatch Ltd t/a Ecourier and City Sprint (UK) Limited ET2201909/18, the London Central Employment Tribunal has held for the first time that workers qualify for protection under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). The Tribunal found that that workers falling within the definition in section 230(3)(b) of the … Read more

The Employment Tribunal (ET) awarded a gay headteacher, Matthew Aplin, over £696,000 in compensation after he successfully brought a claim for unfair dismissal and sexual-orientation discrimination. The headteacher was dismissed by his employer Tywyn Primary School following an investigation that found Mr Aplin had sex with two 17-year old boys at his home. Mr Aplin … Read more

Article 8(1) of the European Convention on Human Rights (ECHR) states “everyone has a right to respect for his private and family life, his home and his correspondence”. Article 8(2) says there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law … Read more

The Information Commissioner’s Office (ICO) has updated its guidance on timescales for responding to data subject individual rights requests. The guidance makes clear that, when calculating the one-month period for response, the day of receipt is day one rather than the day after receipt. How long do you have to comply with a request? You … Read more

The Employment Appeal Tribunal has upheld the decision of the Employment Tribunal to find that a GP registered with CBCH, a company providing out-of-hours services to the NHS, was a worker under section 230(3)(b) of the Employment Rights Act 1996. The Employment Tribunal had found that the doctor was a worker despite the fact that … Read more