Under the Working Time Regulations workers have the right to rest breaks. These are during the working day as well as daily and weekly rest periods. The Employment Appeal Tribunal has held that the right can be infringed even where there has been no specific request for a break which has been refused. In the […]
To strike or not strike?
In what feels like the winter of discontent commuters across London remain impacted today by the tube strikes. This is of course not the first time over recent months that the London Underground has faced disruption due to strikes. There has also been trouble with rail with Southern Rail and also air travel with BA […]
Financial penalties fail to hit where it hurts!
On the 6th April 2014 the Government introduced new financial penalties for employers who lost in the Employment Tribunal. Employer’s who breached a worker’s rights where there was one or more aggravating features faced potential fines. In response to a parliamentary question, the business minister admitted this week that it had only been used 18 times […]
Employment Law in 2017
Firstly, Happy New Year to all my followers. I hope 2017 is a year filled with happiness, prosperity and health – not necessarily in that order! 2017 was a great year in which we strengthened the support team and the support services. Excello won some awards and we had some great victories for clients whether […]
Holiday Pay and commission
By way of an update, the case of British Gas v Lock [2016] has been heard by the Court of Appeal . You may recall my blog previously on the case following the European Ruling but can read this here. The Court of Appeal has upheld the EAT’s decision that EU law requires the Working […]
Uber workers the facts
The press went mad when the Employment Tribunal judgment in the Uber case was released and since then I have heard many misquotes and myths. Firstly, as one huge press organisation wrongly stated the Uber drivers were not found to be employees. They were in fact found to be workers. This is the middle ground […]
Discrimination arising from disability
The Claimant brought a claim of discrimination arising from disability following his dismissal in the recent case of Risby v London Borough of Waltham Forest. The employee was a wheelchair user. His employer changed the venue for a course to one which was inaccessible to him as a wheelchair user. The employee lost his temper. […]
Reasons not to bring a Tribunal Claim
When analysing the reasons why Claimant’s decide not to proceed with their claim following ACAS EC there has been much speculation that this is because of the introduction of fees which are preventing access to justice. ACAS has carried out their own research into the reasons people provide as to their rationale as to why […]
Prosecution for stealing data
The Information Commissioner’s Office has prosecuted a former employee of a Company who transferred information about company clients to his personal email address before moving to a new job. The employee was working at a waste management company and he emailed himself details of over 950 clients. The information was commercially sensitive and included the […]
Employment tribunals decisions to be online
The HM Courts and Tribunal Service has announced plans to introduce a new online database of employment tribunal decisions. This will take the form of a new database which anyone can search online. It is expected to go live this Autumn. It will include judgments from England, Wales and Scotland and will initially only cover […]