In Ibarz v University of Sheffield, the EAT has held that it has power under rule 34A of the EAT Rules 1993 to order the respondent to repay the fees paid by the successful appellant even where the fees were in fact paid by the appellant’s trade union. Although the EAT previously held in Goldwater[…]
EAT Decision on Right to be Informed of Vacancies under Agency Worker Regulations
LATEST NEWS Aug 03, 2015
In Coles v Ministry of Defence, the EAT has held that Reg 13 of the Agency Workers Regulations 2010, which gives agency workers the right to be informed of vacancies in the end-user company for which they work, does not prevent that company giving preference for vacant posts to permanent employees in need of redeployment.[…]
The Government is to introduce a Trade Union Bill to impose new restrictions on industrial action ballots. Among other things, the Bill will introduce a 50% turnout requirement for a valid ballot on industrial action and limit the period during which a ballot is valid to authorise industrial action to four months. Although the Bill[…]
The Government is to introduce a Trade Union Bill to impose new restrictions on industrial action ballots. Among other things, the Bill will introduce a 50% turnout requirement for a valid ballot on industrial action and limit the period during which a ballot is valid to authorise industrial action to four months. Although the Bill[…]
In Plumb v Duncan Print Group Ltd, the EAT has held that Reg 13(9) of the Working Time Regulations 1998 SI 1998/1833 must be read as permitting a worker to take annual leave within 18 months of the end of the leave year in which it accrued where he or she was unable or unwilling[…]
In Basildon Academies v Amadi and anor, the EAT has held that there was no express or implied contractual obligation on a tutor to inform the school at which he worked part-time that an allegation of sexual assault had been made against him by a pupil at another school where he also worked. There was[…]
Risk of Belief by Public of Unproven Sexual Harassment Claim not Enough to Preserve Anonymity
LATEST NEWS Jun 26, 2015
In BBC v Roden, the EAT held that a tribunal was wrong to take into account the risk of the public believing in the truth of unproven allegations of sexual harassment against an unfair dismissal claimant when deciding to extend an anonymity order. The public interest in open justice in such a case outweighed the[…]
Travelling Time to First Appointment is Working Time for Peripatetic Workers
LATEST NEWS Jun 17, 2015
Time spent by workers (who are not assigned to a fixed place of work) who spend travelling from home to their first customer, and from the last customer back to their homes, does count as ‘working time’ for the purposes of the Working Time Directive. In the recent case of Advocate General Bot in Federación[…]
Provisions in the Small Business, Enterprise and Employment Act 2015 that render exclusivity clauses in zero-hours contracts unenforceable come into force today (26 May). Various other employment measures have also been brought into force, including an increase in the maximum financial penalty for underpayment of the national minimum wage to £20,000 per worker. The Act[…]
In Cranwell v Cullen the EAT decided that the ACAS Conciliation requirements must be met before a Tribunal can hear a claim, even if this resulted in apparent unfairness. The facts in this case were simple, the Claimant submitted her claim to an employment tribunal without previously complying with the requirement, in s.18A of the[…]