In Grange v Abellio London Ltd, the EAT has held that a claim for ‘refusal’ to permit rest breaks under the Working Time Regulations 1998 can be brought where the employer fails to make provision for such breaks, even if the worker does not expressly request them. Employers must take active steps to ensure that[…]
Failure to Allow for Rest Breaks Under Working Time Regulations a “Refusal”
LATEST NEWS Nov 17, 2016
Inquiry into the “Gig Economy” following investigations into Sports Direct, Asos and others.
LATEST NEWS Oct 28, 2016
The Commons Select Committee on Business, Energy and Industrial Strategy (previously BIS) has launched an inquiry into the future world of work, focusing on the rapidly changing nature of work, and the status and rights of agency workers, the self-employed, and those working in the ‘gig economy’. The Inquiry also looks at issues such as[…]
Asda Store Workers Can Compare themselves to Depot Staff for Equal Pay Purposes
LATEST NEWS Oct 18, 2016
In Brierley and ors v Asda Stores Ltd, the Manchester Employment Tribunal has ruled that a group of Asda store workers can compare themselves to distribution depot workers for the purpose of an equal pay claim. The ruling clears the way for over 7,000 claims to proceed, the total value of which has been estimated[…]
Court of Appeal Decision: Holiday Pay under Working Time Regulations includes Commission
LATEST NEWS Oct 17, 2016
In British Gas Trading Ltd v Lock and anor, the Court of Appeal has upheld the EAT’s decision that the Working Time Regulations 1998 SI 1998/1833 (WTR) can be interpreted compatibly with the EU Working Time Directive (No.2003/88) so as to include results-based commission payments in the calculation of holiday pay for the basic four[…]
Tribunal has Power to Decide whether a Settlement Agreement is invalid due to Lack of Mental Capacity
LATEST NEWS Oct 05, 2016
Tribunal can determine whether settlement agreement invalid for lack of capacity In Glasgow City Council v Dahhan, the EAT has held that the employment tribunal has jurisdiction to set aside a settlement agreement on the ground that it is invalid because the claimant did not have mental capacity at the time the agreement was concluded.[…]
This is the ACAS Guide to Settlement Agreements, a useful starting point if you have been offered or are considering offering a settlement agreement. Settlement agreements Settlement Agreements came into effect on 29 July 2013. To support their introduction, Acas has produced a statutory Code of Practice on settlement agreements [1Mb] which explains what settlement agreements are[…]
In G4S Cash Solutions (UK) Ltd v Powell, the EAT has held that a reasonable adjustment for disability which is incompatible with the terms of the employment contract cannot be imposed by the employer and will only be effective with the employee’s consent. The EAT also held that there was no reason in principle why[…]
In Trustees of the William Jones’s School Foundation v Parry, the EAT has held that rule 12(1)(b) of the Employment Tribunal Rules 2013 is ultra vires – i.e. outside the scope of the primary legislation under which those Rules are made – in so far as it requires an employment judge to reject a claim[…]
In McTigue v University Hospital Bristol NHS Foundation Trust, the EAT has clarified the circumstances in which an agency worker can claim whistleblowing protection against an end-user by virtue of the extended definition of ‘worker’ in S.43K of the Employment Rights Act 1996. Among other things, the EAT held that the fact that the individual[…]
In Bougnaoui and anor v Micropole SA, Advocate General Sharpston has given the opinion that an employee’s dismissal for wearing an Islamic headscarf at work, in breach of a direct instruction, was directly discriminatory, and could not be defended on the ground of ‘genuine and determining occupational requirement’ under Article 4(1) of the EU Equal[…]