In Mohamud v WM Morrison Supermarkets plc the Court of Appeal has held that an employer was not vicariously liable for an employee’s assault on a customer. There was nothing to show that the attack had a sufficiently close connection with the employment, as required by the House of Lords’ decision in Lister v Hesley[…]
The Welfare Benefits Uprating Order 2014 SI 2014/147 has now been published. The Order sets the rates for statutory sick pay and statutory maternity, paternity and adoption pay from April 2014. The changes that come into force on 6 April 2014 are: • an increase in statutory sick pay from £86.70 to £87.55, and •[…]
Concerns about driving in the snow can amount to a whistleblowing ‘qualifying disclosure’
LATEST NEWS Jan 28, 2014
In Norbrook Laboratories (GB) Ltd v Shaw the EAT has held that a manager’s concerns about employees driving in snowy conditions could amount to a ‘qualifying disclosure’ about health and safety for the purpose of whistleblowing protection, despite being expressed in three separate e-mails to two different recipients. S managed a sales team whose work[…]
In Portnykh v Nomura International plc the EAT has held that negotiations between an employee and an employer over a settlement agreement were inadmissible as evidence in the employee’s whistleblowing dismissal claim under the ‘without prejudice’ rule. The EAT also held that the rule should not be disapplied on the ground of ‘unambiguous impropriety’ simply[…]
Can an employment tribunal decide that it is within the range of reasonable responses for an employer to dismiss an employee taking into account a final written warning when an appeal against it remained outstanding, without hearing evidence regarding the imposition of the warning? Yes, holds the EAT in Rooney v Dundee City Council The[…]
HM Revenue and Customs has issued a consultation on proposed changes to the tax system in order to tackle false self-employment – i.e. the use of employment businesses and intermediary companies to present employment situations as self-employment. The consultation follows the announcement made in the Autumn Statement. The proposed changes are intended to come into[…]
In Lock v British Gas Trading Ltd and ors, Advocate General Bot has given his Opinion that Article 7 of the EU Working Time Directive (No.2003/88) requires commission to be taken into account when calculating the correct remuneration for paid annual leave. If the ECJ follows the Opinion, workers who are paid wholly or partly[…]
In response to a steady flow of scandals and allegations of ‘gagging’ across the public and private sectors, the Whistleblowing Commission yesterday published its long-awaited report, which carried out an in-depth review of whistleblowing policies and practices. The Commission, set up by the charity Public Concern at Work, has recommended 25 measures to tackle what[…]
In an important victory for employees the European Court of Justice has held that a legal expense insurer cannot insist that the insured use its panel lawyers. In the case of Sneller -v- DAS, an important case strengthening an employee’s position in dealing with insurers the Claimant held legal insurance with DAS. The insurance contract[…]
The Ministry of Justice has published ‘provisional management information’ showing employment tribunals’ receipts up to September 2013 – after the introduction of employment tribunal fees on 29 July 2013. The annual Employment Tribunals and EAT statistics for April to March 2012/13 have also been published as part of the quarterly (April to June 2013) statistics[…]