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 […]
Tag: employment solicitor kettering
Reinstatement orders
The Supreme Court has held that an employment tribunal did not fall into an error of law by ordering reinstatement but with the same restriction of duties that applied prior to the Claimant’s dismissal. In McBride v Scottish Police Authority, the Claimant was employed as a fingerprints officer since 1984. In 2000 a group of […]
Can a lay-off only be for a reasonable period?
The EAT held in the recent case of Craig v Bob Lindfield & Sons that there is no implied term as to reasonableness so far as the length of lay off was concerned but also went onto find in this case that the period of four-week’s experienced by Mr Craig was not unreasonable in all […]
Choice of Companion
The High Court has recently held in the case of Stevens v University of Birmingham [2015] that the University’s refusal to allow a representative from a professional defence organisation to accompany the employee at an investigation meeting concerning serious allegations of misconduct was unfair and in breach of the implied trust and confidence. Although the […]
Pension auto-enrolment time ticking
The timer is now ticking for small employers (those with fewer than 50 employees) to complete the auto-enrolment process. The 1st June 2015 is the start of the staging date for them to automatically enrol eligible “jobholders” in a pension scheme which has to be completed by 1 April 2017. A “jobholder” includes permanent, fixed-term and temporary […]
Cannot pay a costs award?
What if a Claimant cannot pay a costs award? This is of course a mitigating factor against awarding a costs award and something the Judge may consider. However, in the case of Chadburn v Doncaster and Bassetlaw Hospital NHS Foundation Trust and another the EAT held that there was no reason why the question as […]
Criminal record checks without the CRB
Whilst the Information Commissioner’s Employment Code of Practice has actively discouraged it for some time, it will from the 10th March 2015 be a criminal offence for an employer to require job applicants or existing employees to obtain a copy of their criminal records by means of a data subject access request. Some employers required […]
Deposit orders in the Tribunal
Under the Employment Tribunal Rules which came into force in July 2013, at a preliminary hearing, if an Employment Judge considers that any specific allegation or argument in a claim or response has little reasonable prospect of success, they can make an order requiring a deposit to be paid as a condition of continuing that […]
Shared parental leave guidance
In preparation for the forthcoming family friendly changes to legislation, the Government has issued two forms of guidance on shared parental leave. The first is for employers and explains the changes which will take effect for babies due to be born on or after 1st October 2015 and is a guide for employers. You can read this here. […]
Dress Codes
Issues around dress and personal hygiene are always difficult conversations that many employers simply hate to have. Having a dress code in place spelling out what many would see as obvious can assist with ensuring that staff have a uniform approach to dress at work even if this is not a uniform in the traditional […]