The Court of Appeal has held in the case of Kocur v Angard Staffing Solutions Limited and others that regulation 13(1) of the Agency Workers Regulations (the Regulations) goes no further than conferring a right on an agency worker to be notified of relevant vacant posts.
The High Court held in Nissan v Passi that a whistleblower is not entitled to remove confidential legal documents from their employer for the purpose of taking legal advice.
The Employment Appeal Tribunal in the case of Citizens Advice Merton and Lambeth Ltd v Mefful have recently found that it was wrong for a tribunal to consider events after a decision to dismiss had been taken, when considering a claim of unfair dismissal.
The Court of Appeal in the case of Smith v Pimlico Plumbers Ltd has held that a worker can carry over leave that has been taken, but not paid.
In Allette v Scarsdale Grange Nursing Home Ltd, the employment tribunal held that the summary dismissal of a care assistant working in a nursing home who refused to be vaccinated against COVID-19 was fair, and the interference with her Article 8 right to privacy was justified. It is important to note that the requirement to be vaccinated and the resulting dismissal were before vaccinations became mandatory for care home staff.
In Hope v British Medical Association, the Employment Appeal Tribunal has held that a dismissal on the grounds of gross misconduct relating to the raising of multiple vexatious grievances was fair.
A growing list of big brand employers are changing their rules and cutting sick pay to the statutory level for unvaccinated employees with no mitigating circumstances or medical exemption, who are required to self-isolate after being identified as a close contact of someone with Covid-19. Background Currently, Statutory Sick Pay is extended to cover the
The disability employment gap remains high at 28.4%, despite a small decrease of 4.8% over the last eight years. In a bid to improve inclusive practices within the UK, the Government has now launched a consultation into whether workforce reporting on disability should be introduced for employers with 250 or more employees.
The number of menopause claims in the Employment Tribunal has increased threefold in the last three years. Menopause is not a stand-alone protected characteristic under the Equality Act 2010; however, depending on the facts of the case, a menopausal worker may be protected on the grounds of sex, age or disability. It is the latter characteristic that is most commonly relied upon.
The Employment Appeal Tribunal (EAT) recently upheld an Employment Tribunal (ET) decision that an employee who made controversial remarks on Zionism was unfairly dismissed.