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In a recent decision the Supreme Court ruled that volunteers within organisations do not qualify for the protections afforded under the Equality Act, namely employment discrimination on the grounds of age, race or sex. This landmark case was X v Mid Sussex Citizens Bureau. The facts of the case are that Mrs X was a … Read more
âTis the season of the works Christmas Party, but employers and employees should be wary of things getting out of hand, as such get-togethers, often fuelled by alcohol, can bring risks. Two recent cases highlight the dangers inherent in the classic Christmas party. In the case of Gimson v Display by Design, in December 2011, … Read more
The Government consultation on the possibility of employee-owner status was launched in October, and although only a few weeks were given for responses from businesses and employment/HR organisations, the results are now in. It appears from reading the consultation report itself that there seems to be little appetite for these contracts, but the Government seemed … Read more
In a recent test case the Court of Appeal was asked whether the European Convention of Human Rightsâ proportionality test applied to cases of Unfair Dismissal (Turner v East Midlands Trains Limited). A female train conductor with 12 yearsâ service was accused of fraud, and her claim for unfair dismissal was rejected by an Employment … Read more
Restrictive covenants need to be âreasonableâ in order for them to be enforceable. However, it is less well-known that this test for reasonableness must be assessed at the time of the contract, rather than the time that the employer is seeking to enforce them. A contract might have been signed and entered into years before … Read more
Adrian Smith, employed by the Trafford Housing Trust and also a devout Christian, remarked on his Facebook page that gay marriage was âan equality too farâ. His comments were considered to be misconduct and as a result Mr Smith was demoted with a 40% pay cut. However this week a High Court judgment found in … Read more
The government has confirmed its intention to move ahead with proposals first outlined in the Modern Workplace Consultation in 2011, with the right to request flexible working to be extended to all employees from 2014. It is anticipated there will be a responsibility for employers to deal with requests for flexible working in a reasonable … Read more
Employment law is in the headlines again as Nick Clegg outlined Coalition plans to enact legislation which would allow parents to take flexible parental leave between them depending upon their personal circumstances. The Department for Business, Innovation and Skills (BIS) also sets out the results of its consultation process on flexible working hours for all … Read more
In light of the Jimmy Savile scandal, and whether employees and directors of the BBC were aware of his alleged paedophilic activities, the issue of whistleblowing in a corporate environment has come to the fore. The biggest scandal to hit the BBC in 50 years has led to Jimmy Savile falling from one of the … Read more
Employment law experts are now debating the long-term importance of a Supreme Court ruling relating to a discriminatory equal pay issue. Birmingham City Council was appealing against a decision which said that women previously employed by the council could make an equal pay claim in relation to bonuses awarded to male employees. Equal pay claims … Read more