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News & Blog

Category Archives: Employment

Employment Law Newsletter – January 2017

Happy New Year to those we have not spoken to yet this year. Although the festive season already feels like many moons ago and the Easter break is far away on the horizon, you will no doubt be kept occupied …

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Considering Expired Warnings in a Dismissal

The EAT in Stratford v Auto Trail VR Ltd (31 October 2016) had to consider whether dismissal for gross misconduct using expired warnings could be fair. The employee in this case committed an act that would normally only attract a …

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Mobility Clauses in Employment Contracts

The Employment Appeal Tribunal in Kellogg Brown & Root (UK) Ltd v (1) Fitton UKEAT/0205/16 and (2) Ewer (21 November 2016) had to consider appeals on a number of points including whether a mobility clause in a contract of employment …

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Is Type 2 Diabetes a Disability?

In the case of Taylor v Ladbrokes Betting and Gaming Ltd (16 December 2016) the EAT held that the Employment Tribunal had failed to properly consider whether Type 2 Diabetes was a progressive condition amounting to a disability under the …

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Bringing a Claim after Signing COT3

The EAT held that a second claim for disability discrimination could be brought by an employee even though a COT3 form had been used to settle the employee’s earlier claim. In the case of Department of Working Pensions v Brindley …

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Employment Law Newsletter – November 2016

Welcome to the November issue of the DBF Employment Law Newsletter… Last month turned out to be busy for the Courts with lots of big names making an appearance such as ASDA, UBER, the long awaited British Gas Trading Limited …

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Asda

7,000 Asda employees have been successful in establishing that their positions as shop floor staff are equal to those in Asda’s distribution centres, so as to enable them to proceed with their claims for equal pay.  This decision illustrates that …

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Communication of a Dismissal

The EAT in Sandal –v- Adecco had to consider whether dismissal can be implied by inaction of an agency employer.  The employee was employed by the agency but worked on assignment at an alternative company.  When this assignment came to …

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Workers or Self-Employed?

An Employment Tribunal has held that Uber drivers are workers for the purpose of the Employment Rights Act 1996, and the Working Time Regulations 1998. As a result they are entitled to certain protection and rights. Uber is a technology …

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Discrimination on the Grounds of Sexual Orientation –v- Religious Belief

The Court of Appeal in Northern Ireland upheld that a “Christian bakery” had discriminated against a gay man on the grounds of sexual orientation by refusing to bake a cake that he had requested with the caption “Support Gay Marriage”.   …

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