In Fraser v Southwest London St George’s Mental Health Trust the EAT has held that an employee on long-term sick leave must request annual leave in accordance with Reg 15 of the Working Time Regulations 1998 to be entitled to payment for it. Mr Justice Underhill, President of the EAT, considered this conclusion to be[…]
The Chartered Institute of Personnel and Development (CIPD) has made a Freedom of Information request for information on the number of employment tribunal claims relating to the right to request flexible working – the figures are not specified in the annual statistics for employment tribunals and the EAT for 2010/11. The figures obtained by the[…]
Employers Not Vicariously Liable for Whistleblowing Victimisation by Employees
LATEST NEWS Oct 29, 2011
In NHS Manchester v Fecitt and ors the Court of Appeal decided that the EAT was wrong to hold an employer vicariously liable for its employees victimising a whistleblower. The House of Lords has made clear that an employer can only be vicariously liable for the legal wrongs of its employees. As there is no[…]
In Johnson-Caswell v MJB (Partnership) Ltd an employment tribunal decided that an independent financial advisor (IFA) who was purportedly self-employed was in fact an employee. In the tribunal’s view, a key element pointing to employee status was the need to comply with Financial Service Authority (FSA) requirements. The tribunal considered that the training and supervision[…]
The EAT has decided in Cordell v Foreign and Commonwealth Office that there was neither direct disability discrimination, nor a failure to make reasonable adjustments, when the FCO refused to provide a team of ‘lipspeakers’ to support a deaf employee’s proposed role in Kazakhstan. The EAT noted that, while cost is not decisive in deciding[…]
Like the TUC we believe that the government reforms to employment law will affect those already vulnerable in the workplace: For the TUCcommentary go to: http://www.tuc.org.uk/workplace/tuc-19507-f0.cfm
The government has today announced its plan to increase the qualifying period for unfair dismissal to two years from April 2012. It claims that this will save £6 billion for British business. For the press release go to: http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=421449&SubjectId=2
The Government believes that one of the possible barriers to growth in the labour market is the stock of existing employment regulations and the flow of new ones. With this in mind, it has issued a new consultation paper which sets out proposed reforms to the employment tribunal system, with the aim of reducing the[…]
On 1 October 2011 the Agency Workers Regulations will come into force. The Regulations entitle agency workers to certain new rights after 12 weeks in the same role. In readiness for the new Regulations here are 5 key things your organisaton needs to know: Is it just recruitment agencies that are responsible for complying with[…]
The annual statistics for employment tribunals and the EAT for April 2010 to March 2011 have been published. The statistics show an 8 per cent fall in the number of claims received by tribunals when compared with 2010, and a 9 per cent rise in the number of disposals. Conversely, the number of appeals to[…]