The Court of Appeal has ruled that the initiation of legal or arbitral proceedings by an employer against a ‘whistleblower’ who has made a protected disclosure constitutes an actionable detriment
Category: Employment Law
Employers may now be personally liable for unfair dismissal claims
A recent ruling has increased the scope of statutory protection for whistleblowers to include covered detriments against co-workers under the Employment Rights Act 1996. A Mr. Rice was dismissed by
When disciplinary processes and non-compete clauses implode
Many modern companies insist on the inclusion of restrictive covenants to limit the freedoms of employees upon the termination of their contracts. However, the High Court recently reinforced the
Early termination of probation can constitute wrongful dismissal
The claimant began employment as a Contracts Coordinator on 23 January 2023, subject to a contractual 6-month probationary period, one which required 5 weeks' notice for termination. The contract
Tread carefully when using temporary contracts to confer tax breaks
A recent ruling has established that temporary worker arrangements do not constitute a single, continuous employment relationship in which workers retain the unfettered right to refuse assignments.
Beware of the risks of engaging employees as sham contractors
Recently, a clear legal precedent confirmed that the nature of an individual's work is determined by the reality of the actual employment relationship rather than by arbitrary titles. Mr. Gooch worked
Don’t be tempted to withhold pay as a form of leverage
Ms Constantine had been a veterinary surgeon since 2017. Initially, she had worked every day with two half days rest, but this increased to four full days and a weekend every three weeks. Moreover,
Beware of the risks of engaging employees as sham contractors
Recently, a clear legal precedent confirmed that the nature of an individual's work is determined by the reality of the actual employment relationship rather than by arbitrary titles. Mr. Gooch worked
Don-t rush to judgement over pending tribunal claims
Mr. Aslam, a former Metroline employee, applied to another bus company on 13 April 2019, disclosing that he suffered from partial hearing loss, depression, anxiety, insomnia and stress, and was
Balancing access to justice and abuse of process
An extended civil restraint order (ECRO) was issued against a prolific Employment Tribunal (ET) litigant for presenting repeated and baseless claims. A Mr. Khan has been described as a prolific
Tripartite arrangements don-t necessarily enable an agency to escape accountability
The question was raised as to whether, in a tripartite agency relationship, an employment relationship exists between an employee and their intermediary agency. For instance, Ryanair DAC employs some
A magical clause does not necessarily nullify employment status
A recent ruling has provided a timely reminder that substance trumps form in employment status disputes, and the mere insertion of a clause does not automatically change the employment status of
An employee’s emergency contact details are strictly private
A recent ruling affirms that an employer is directly liable for the unauthorised disclosure of an employee's private information. An employee worked at a JD Wetherspoon pub for approximately eighteen
Being paid directly is not a confirmation that you are an employee
A Tribunal has provided a landmark ruling over employer-employee status in the context of direct payments made under the Care Act 2014, ruling that an LA was not in fact the direct employer of a
Maternity Pay, Shared Parental Leave and Your Rights: The 2025 Employer-s Guide to Compliance and Best Practices
Maternity Pay, Shared Parental Leave and Your Rights: The 2025 Employer-s Guide to Compliance and Best Practices Understanding maternity pay and shared parental leave is essential for employers in 2025. You must know your obligations to provide statutory pay and leave while protecting your employees- rights throughout their time away from work. This includes keeping … Continue reading Maternity Pay, Shared Parental Leave and Your Rights: The 2025 Employer-s Guide to Compliance and Best Practices
Pivotal role of the union Certification Officer in addressing complaints
A recent tribunal clarified the procedural powers of the Certification Officer (CO), ruling that applications from trade union members cannot be refused simply because they are deemed
When changing a company-s name absolves a daughter company of its obligations
The Court of Appeal addressed the complexities of benefit scheme amendments and the lines of responsibility within corporate structures in a complex case surrounding post-employment entitlements. A
A return to gender rationality in the office? What does the Supreme Court ruling mean for trans people in the workplace?
In a landmark ruling, the Supreme Court clarified the legal interpretation of the words -sex-, -woman- and -man- in Sections 11 and 212(1) of the Equality Act (EA) 2010 with respect to gender
The importance of discretion - don-t send inappropriate messages during working hours!
An Employment Tribunal confirmed that using an employer’s preferred method of communicating with employees to send offensive messages can serve as a ground for dismissal. A claimant was employed from
The innocent touch - where a lack of clear guidelines and policies makes a dismissal more likely to be unfair
A school inspector dismissed for brushing water off a pupil-s head won his unfair dismissal claim against OFSTED. Mr. Hewston worked as a Social Care Regulatory Inspector and, on the 8th of October
Employment Restrictions After Termination: Be Cautious
Kau Media Group (KMG) Ltd. sought to enforce two post-termination employment restriction (PTRs) contained in a contract of employment to restrict Mr. Hart, a former employee, from working for his
Beware of rushing to judgement before terminating employment.
A Tribunal has ruled that a deputy security manager was unfairly dismissed, despite performing “no prescribed tasks” while -working from home-, many hundreds of miles from his place of
Self-employment cannot be used as a tax smokescreen for contracted employees
A complex celebrity case arose recently in which the First-tier Tax Tribunal (FTT) was asked to consider the application of the intermediaries- legislation (IR35), otherwise known as off-payroll
Not all hurt feelings are uncapped & costly
The Employment Appeal Tribunal slashed a -10,000 award for injury to feeling by 80% after an original tribunal ruling was deemed not to be Meek compliant as it failed to provide adequate reasons for
It is not always possible to mend fences - Reinstatement is not always a practicable option where there is a breakdown in employment relations
The Employment Appeal Tribunal (EAT) upheld claims of constructive dismissal and disability discrimination against Whyte & Mackay Limited (W&ML) in the case of Mr. Duployen , a former forklift
Beware the legal minefield of the transferring of contractual undertakings
A recent case [London United Busways Ltd. (LUB) v De Marchi and Abellio London [2024] EAT 191] revealed the complexities of working under the Transfer of Undertakings (Protection of Employment)
Just because an employee is a lawful resident of the UK does not give them the right to work
A restaurant in Middlesborough recently challenged a civil penalty notice of -15,000 issued by the Secretary of State for the Home Department under Section 15 of the Immigration Asylum and Nationality
When it comes to pensions, it is of paramount importance to Re-DOC on time!
A tribunal recently ruled on the failure of a private limited company, El Recruitment Ltd., to submit its Re-DOC before the statutory deadline as required under the ‘Employer Duties’ of the Pensions
Bolt ruling seals the case against sham contracts
Despite an appeal, the Courts recently found against Bolt in relation to their attempts to evade the statutory entitlements of their drivers to a minimum wage and holiday pay. The ruling confirms
An outline of the Employment Rights Bill
Legislation has been introduced in Parliament to upgrade UK workers- rights.
The legislation is wide ranging with the intention of tackling poor working conditions and benefitting businesses. A
