The EAT has recently decided yes following the case of Frith Accountants Ltd v Law but recognised that it would be usual but not exceptional for a constructive dismissal to be caused or contributed to by any conduct by the employee. In this case, the Claimant Mrs Law was 62 years old and her employer […]
Tag: employment solicitor thrapston
Surrogacy and maternity leave
Further to my earlier posts, we now have a ruling from the European Court of Justice on this issue. The ECJ has held that a commissioning mother (who receives a child via a surrogacy) does not have the right to maternity leave under the Pregnant Workers Directive. The aim of the Directive is to protect […]
Caste discrimination
There has been discussion around the proposed amendment to the Equality Act 2010 and whether this needed to be amended to include expressly that caste is an aspect of the protected characteristic of race. The Government had not yet amended the Act but intended to make the inclusion clear. The Employment Tribunal in Tirkey v […]
Zero hours consultation launched
Following my blog last year, BIS have now launched the consultation on zero-hours contracts. Following huge media interest last year the Government repeatedly promised the consultation which was launched on 19th December 2013. The Government wants to maximise the opportunities of zero-hours contracts but minimise the abuse and set out core standards that protect individuals. […]
Is a consultant a worker or an employee or neither?
Whilst fact sensitive, the EAT has upheld the Tribunal’s decision in Halawi v WDFG UK Ltd (t/a World Duty Free) and another 2013, that a beauty consultant was not in employment under the Equality Act 2010 s83. The Claimant provided her services through a limited company to an agent who then supplied staff to a […]
Unlawful discrimination in the provision of services
The widely reported case of the Christian hotel owners who refused a double room to civil partners, as they had a policy to only provide these rooms to heterosexual married couples, has hit the headlines again following the decision of the Supreme Court last week. This case has received much media attention partly because it […]
Out of hours conduct
It is always a fine line between conduct which occurs out of work and the ability to discipline or dismiss for it. Some examples are more clear cut than others. It is not limited to conduct in the course of employment provided it affects the employee or could be likely to affect the employee when he […]
Changing terms and conditions
In this times of tough climate it is not unheard of for employers to implement various measures to cut costs but avoid redundancies. Measures I have seen are temporary reductions in the working week, reductions in hours per day, periods of unpaid holiday and removal of many company perks. Whilst there is obviously the need to […]
Social media and employment law
Social media sites are numerous and some more popular than others but their use by employers and employees does throw up all sorts of interesting employment law issues. None more so than the use of LinkedIn given that it is designed to be used in a personal capacity but it is aimed at one’s professional life […]
Employment Tribunal Fees
Just a reminder of the level of fees for claims in the Employment Tribunal. To issue the claim as follows: Type A £160 Type B £250 The hearing fee is then as follows: Type A £230 Type B £950 Further fees are payable upon making an application. Most claims will fall into type B such […]