Veitch Penny Solicitors

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Employment Updates

Our Employment Law Updates are an excellent way to keep up to date with important issues.

 

You can search our archive of cases using the search facility below. Alternatively you can scroll down the page to view our entire archive, which is listed in date order, with the most recent at the top of the page.

Fireman’s Unfair Dismissal Claim Defeated by Delay

Published on: 12 October 2014 | in categories: Legal Updates | Employment Updates | News and Updates

Fireman’s Unfair Dismissal Claim Defeated by Delay

In a reminder to all that, in employment cases, timing can be everything, a sacked fireman has had his compensation hopes dashed after he delayed too long before seeking professional advice and launching his unfair dismissal claim.

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Lupus Victim Suffered NHS Disability Discrimination

Published on: 08 October 2014 | in categories: Legal Updates | Employment Updates | News and Updates

Lupus Victim Suffered NHS Disability Discrimination

A clinical technician who was awarded £166,595 in compensation after she was forced to resign from her NHS post because of health problems has failed to convince the Court of Appeal that the payout was nowhere near enough to reflect her true loss of earning potential.

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Equal Pay Audits – ET’s New Powers

Published on: 30 September 2014 | in categories: Legal Updates | Employment Updates | News and Updates

Under the Equality Act 2010, it is unlawful for an employer to discriminate between men and women in terms of their pay and conditions where they are in the same employment and are doing the same or similar work, work rated as equivalent or work of equal value.

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Shoplifting Health Visitor Not Unfairly Treated

Published on: 29 September 2014 | in categories: Legal Updates | Employment Updates | News and Updates

A health visitor who lost her job after involuntarily embarking on a violent shop-lifting spree whilst in the grip of a psychiatric disturbance has failed to convince the Employment Appeal Tribunal (EAT) that her employers treated her unfairly.

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Undermined Estate Agent Unfairly Dismissed

Published on: 23 September 2014 | in categories: Legal Updates | Employment Updates | News and Updates

A senior estate agent, who was moved from a lucrative area manager’s post to take charge of a number of unprofitable ‘graveyard’ offices, has succeeded in an unfair dismissal claim – but will not receive as much compensation as he had hoped for.

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Case Underlines Tax Pitfalls of Leaving Employment

Published on: 14 September 2014 | in categories: Legal Updates | Employment Updates | News and Updates

Case Underlines Tax Pitfalls of Leaving Employment

In an important case which illustrates the financial pitfalls of leaving employment, a senior worker who received £200,000 in settlement of age discrimination and unfair dismissal claims has been landed with an unwelcome income tax bill.

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Trader Pays Price for Walking Out Without Notice

Published on: 04 September 2014 | in categories: Legal Updates | Employment Updates | News and Updates

In a ground-breaking decision, the High Court has ruled that, where an employee leaves his job without notice and ceases to be paid, the employer is still entitled to keep his employment contract alive and to prevent him working for competitors.

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Bank Derivatives Bosses Fail in £6.3 Million Bonus Claims

Published on: 26 August 2014 | in categories: Legal Updates | Employment Updates | News and Updates

Following acrimonious litigation, in which accusations of dishonesty and bad faith were levelled on each side, two former bank employees have failed to convince the High Court that they were wrongly denied more than £6 million in bonuses.

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‘Cultural Differences’ Comment Not Discriminatory

Published on: 20 August 2014 | in categories: Legal Updates | Employment Updates | News and Updates

‘Cultural Differences’ Comment Not Discriminatory

A Muslim Royal Mail worker whose complaint about a colleague eying naked women online was attributed by his boss to ‘cultural differences’ has failed to convince the Court of Appeal that he was a victim of race and religious discrimination.

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Stroke Victim’s Employment Case Back on Track

Published on: 14 August 2014 | in categories: Legal Updates | Employment Updates | News and Updates

A stroke victim’s campaign to prove that she was unfairly dismissed and suffered disability discrimination almost came unstuck on procedural grounds – before the Employment Appeal Tribunal (EAT) breathed new life into her compensation hopes.

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Whistleblower Wins Crucial Tax Victory

Published on: 07 August 2014 | in categories: Legal Updates | Employment Updates | News and Updates

Whistleblower Wins Crucial Tax Victory

In a ruling which strengthens the financial position of workplace whistleblowers, a woman has successfully argued that she should not have to pay tax on the first £30,000 of an interim award made by an Employment Tribunal (ET).

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Top Government Lawyer Denies Bullying Colleagues

Published on: 03 August 2014 | in categories: Legal Updates | Employment Updates | News and Updates

A senior Ministry of Justice lawyer who vehemently denies accusations that he bullied and harassed more junior colleagues has failed to convince the High Court that disciplinary proceedings against him should be blocked.

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Workers entitled to commission within their holiday pay?

Author: Catherine Rosewell

Workers entitled to commission within their holiday pay?

You are entitled to overtime in holiday pay but also commission?  Phil Kay offers some guidance.

Obesity and Disability

Published on: 23 July 2014 | in categories: Legal Updates | Employment Updates | News and Updates

The Advocate General (AG) has handed down a preliminary ruling in a Danish case concerning a childminder who claimed that his employment with the local council was terminated on account of his obesity and this amounted to discrimination on the grounds of disability (Karsten Kaltoft v the Municipality of Billund).

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How to Deal With Misbehaving Employees

Published on: 13 July 2014 | in categories: Legal Updates | Employment Updates | News and Updates

How to Deal With Misbehaving Employees

In an important decision for employers who have to deal with staff misbehaviour, British Airways has succeeded in overturning an order requiring it to re-engage a former cabin crew member who bore the lion’s share of responsibility for his own unfair dismissal.

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Date Set for Tribunal Fees Judicial Review

Published on: 09 October 2014 | in categories: Legal Updates | Employment Updates | News and Updates

Date Set for Tribunal Fees Judicial Review

Following the introduction of Employment Tribunal (ET) fees in July 2013, the UK's largest public service trade union, Unison, supported by the Equality and Human Rights Commission, brought judicial review proceedings challenging the lawfulness of the new regime on the basis that it would make it 'virtually impossible, or excessively difficult' for many people of modest means to exercise their right to bring an ET claim and would discriminate against employees with a protected characteristic.

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Publishing Company Whistleblower Wins £18,000 Damages

Published on: 02 October 2014 | in categories: Legal Updates | Employment Updates | News and Updates

A publishing company employee who was sacked for whistleblowing has won more than £18,000 in damages after the Employment Appeal Tribunal (EAT) rejected arguments that her own blameworthiness was such that her dismissal was inevitable.

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New Minimum Wage Rates – A Reminder

Published on: 30 September 2014 | in categories: Legal Updates | Employment Updates | News and Updates

Employers are reminded that the following changes to the National Minimum Wage (NMW) rates came into effect today, 1 October 2014:

  • the adult NMW rate increases from £6.31 to £6.50 per hour;
  • the NMW rate for workers aged 18 to 20 increases from £5.03 to £5.13 per hour;
  • the NMW rate for 16- and 17-year-olds increases from £3.72 to £3.79 per hour; and
  • the apprentice rate of the NMW, which applies to apprentices under 19 or over 19 and in the first year of their apprenticeship, increases from £2.68 to £2.73 per hour.

Acas guidance on the NMW can be found here.

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Time Off to Accompany a Pregnant Woman to Ante-Natal Appointments

Published on: 28 September 2014 | in categories: Legal Updates | Employment Updates | News and Updates

From 1 October 2014, an expectant father or the partner (including a same sex partner) of a pregnant woman will be entitled to take unpaid time off work to accompany the woman to up to two of her ante-natal appointments.

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Sacked Banker Wins £66,000 from Negligent Solicitors

Published on: 18 September 2014 | in categories: Legal Updates | Employment Updates | News and Updates

A former banker whose tortuous brush with employment law earned him a damages award which failed even to cover his legal costs has won at least some recompense from a negligent law firm which admitted having let him down.

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Acas Advice on Workplace Dress Codes

Published on: 11 September 2014 | in categories: Legal Updates | Employment Updates | News and Updates

The Advisory, Conciliation and Arbitration Service (Acas) has issued new guidance for employers who wish to impose dress standards in the workplace.

The key points to bear in mind are:

  • Employers should have sound business reasons for applying a particular dress code;
  • Dress codes must apply to both men and women equally, although they may have different requirements;
  • Reasonable adjustments must be made for disabled people when dress codes are in place;
  • Employers must avoid unlawful discrimination in any dress code policy; and
  • There may be health and safety reasons for having certain standards in place.

The guidance can be found here.

Contact us if you would like advice on this subject.

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Shared Parental Leave and Pay Reforms

Published on: 01 September 2014 | in categories: Legal Updates | Employment Updates | News and Updates

The Government has laid before Parliament draft regulations which, if approved, will make changes to the way in which eligible parents of children due to be born or adopted on or after 5 April 2015 can take parental leave and pay.

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NHS Not Responsible for Manager’s Mental Collapse

Published on: 25 August 2014 | in categories: Legal Updates | Employment Updates | News and Updates

A senior NHS manager who claimed that she was bullied into a nervous breakdown by a cancer specialist with whom she had a principled disagreement over the use of public resources in private clinical studies has had her hopes of an £850,000 damages payout dashed by the High Court.

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Extreme Tensions in School Common Room Exposed

Published on: 17 August 2014 | in categories: Legal Updates | Employment Updates | News and Updates

In a case which revealed extreme workplace tensions within a secondary school, a teacher who claimed that he was maliciously branded unsafe to work with children after confiscating a mobile phone from a pupil in class has failed in a High Court bid for £250,000 in damages.

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‘Bullied’ Teacher Compensation Hopes Boosted

Published on: 12 August 2014 | in categories: Legal Updates | Employment Updates | News and Updates

‘Bullied’ Teacher Compensation Hopes Boosted

A primary school teacher, who claims that she was bullied out of her job by a newly appointed headmistress and subjected to sex discrimination when her job description was changed, has had her hopes of a substantial compensation payout boosted by the Employment Appeal Tribunal (EAT).

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Whistleblowing – Consultation on Annual Reporting by Prescribed Persons

Published on: 05 August 2014 | in categories: Legal Updates | Employment Updates | News and Updates

Whistleblowing – Consultation on Annual Reporting by Prescribed Persons

Following a consultation exercise, the Government is in the process of making further amendments, both legislative and non-legislative, to the existing whistleblowing framework on the basis that it does not always serve to prevent malpractice from taking place, nor does it encourage people to raise their concerns.

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Is Obesity the new disability?

Author: Catherine Rosewell

The case of Kaltoft v Municipality of Billund is considered

Phil Kay discusses if obesity is the new disability following the ECJ decision.

Breaking News: Restrictive Covenants

Author: Catherine Rosewell

Breaking News: Restrictive Covenants

Recent Court decisions mean courts will not redraft restrictive covenant clauses for employers, highlighting the need to take specialist advice when drafting new employment contracts to make sure that any restrictive covenants will be enforceable for the particular employee.

Equal Pay Audits – Regulations Published

Published on: 14 July 2014 | in categories: Legal Updates | Employment Updates | News and Updates

The Government has published the Draft Equality Act 2010 (Equal Pay Audits) Regulations 2014, which are intended to apply to Employment Tribunal (ET) claims presented on or after 1 October 2014 where the employer is found to have breached the equal pay provisions of the Equality Act 2010.

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Zero Hours Contracts

Author: Catherine Rosewell

The Government have responded

Zero Hours Contracts

Zero Hours employment contracts have been a thorny issue for several years now, attracting a great deal of criticism from the public. The Government have responded in the Small Business, Enterprise and Employment Bill which is now making its way through Parliament.

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