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News & Blog

Category Archives: Employment

Holiday Pay

In Fulton v Bear Scotland, the EAT held that the employment tribunal was right to consider itself bound by the earlier EAT decision in Bear Scotland that a break of more than three months between non-payment or underpayment of wages …

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Calculating Strike Pay

In Hartley v King Edward VI College, the Supreme Court held that if teachers lawfully strike for one day, the employer can make a deduction of 1/365 of annual pay, unless the contract of employment provides otherwise. The decision of …

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Some other substantial reason dismissal

The EAT has held that there is not a particularly high threshold required for an employer to meet when dismissing an employee because of a ‘substantial reason’ (Ssekisonge v Barts Health NHS Trust). The EAT rejected an argument that in …

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Discrimination – adjustments for candidates with Aspergers Syndrome

In The Government Legal Service v Brookes, the EAT held that a job applicant with Aspergers Syndrome (AS) was discriminated against by being required to sit a psychometric test. The EAT held that the PCP requiring applicants to pass the …

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Indirect Discrimination

The Supreme Court has recently held in Essop and others v Home Office (UK Border Agency) and Naeem v Secretary for Justice that in order to succeed with a claim for indirect discrimination, it is not necessary to establish the …

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ACAS Early Conciliation

The EAT held that if ACAS issues a second early conciliation certificate in respect of the same matter, this does not extend the time for making a claim (HMRC v Garau). HMRC argued that the second certificate was unnecessary and …

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Taylor Review of Modern Working Practices

The Taylor Review was published this month.  The proposals include: – Keeping the distinction between employers and workers and naming workers “dependent contractors”. Definitions to be implemented for employees and workers. Removing the requirement for workers to have a contract …

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Shiva Shadi – Partner & Head of the Employment team at Davis Blank Furniss – discusses the Supreme Court’s Judgement on Tribunal Fee System

Unison has finally succeeded in its four-year campaign against the introduction of tribunal fees that was introduced back in 2013.  The introduction of the fees has seen a reduction of 70% in claims being lodged at the Employment Tribunal. Lord …

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Shiva Shadi – partner and head of Employment – discusses the statutory requirement for employees to have companions at formal meetings.

It can be quite daunting walking into a disciplinary or a grievance meeting. They can be stressful, even when you are used to having formal meetings routinely as part of your work.  However, it is far more daunting if you …

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Shiva Shadi – partner and head of Employment – discusses Dress Codes at Work: One Size Does Not Fit All!

It does not come as a surprise that most organisations have a “one size fits all” dress code or policy.  It would also not be surprising if the dress code stipulated that staff should maintain appropriate standards of dress and …

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