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The Burchell Test:Â British Home Stores v Burchell [1978] IRLR 379[1]Â When a tribunal is trying to decide whether a dismissal for misconduct is fair or unfair a case that they will almost certainly look at is that of BHS v Burchell which is the basis for the Burchell Test. In this case an employee was … Read more
Equal Pay Legislation has been around for 40 years and yet there still appears to be a significant gender pay gap. When taking into account the average hourly earnings of full and part-time workers, women earn nearly 20% less than men.[1] Commentators ascribe many reasons for this gap including the preponderance of women in part-time … Read more
Polkey v AE Dayton Services Ltd [1987] UKHL 8[1] This case brought about the Polkey rule which although was formulated in a case to do with redundancy it is applicable to all other dismissals as well. The facts in this case are very simple. The employee Mr Polkey worked as a van driver for 4 … Read more
The Right to Parental Leave The right to parental leave applies to all employees with a minimum of one year’s service who have parental responsibility. Â The right comes to an end on the child’s fifth birthday or, in the case of an adopted child, the fifth anniversary of adoption. Â Â The right is extended to age … Read more
Employment Tribunal Forms: The Basics If you are making a claim at the Employment Tribunal for the first time it can all seem a bit overwhelming and at times daunting. The idea of Employment Tribunal Forms and deadlines could put anyone off. In reality there is only one form that you need to consider and … Read more
When making an unfair dismissal claim one important thing to consider is the amount of compensation that you are going to receive. When a Tribunal is awarding compensation this is split up into two main sections which are the basic award and the compensatory award. The basic award can be calculated accurately  however it is … Read more
A female solicitor who lodged claims for sexual harassment, sexual discrimination and wrongful dismissal, has settled her claims against a West Country firm of solicitors. Kate Baker, 33, alleged that her employer did not want her to have a relationship or have children and that she was dismissed after she began a relationship. The Employment Tribunal … Read more
According to the trade union umbrella body, the TUC, European rules on equal pay for agency workers have not been implemented correctly by the UK government. The European legislation states that agency workers who have been with a company for more than 12 weeks should be entitled to receive the same remuneration as a permanent … Read more
According to a recent study by the Wolverhampton Business School, better employment protection and sick  pay is one of the main reasons for higher sick leave rates within mainland Europe. As a result of the UK’s weaker employment protection rights and lower sick pay rates, researchers claim that the number of UK companies declaring high … Read more
Racial Discrimination at Work Section 9 of the Equality Act 2010 covers the protected characteristic of Race.  Race for the purpose of the Equality Act includes colour, nationality and ethnic or national origins.[1] Discrimination on the basis of caste is not yet included in the legislation. Although it is fully expected to be included in the future … Read more