Posts By: Schofield and Associates

Recruitment Vetting Must Be Reasonable and Respect Human Rights

The police and other public authorities have recruitment vetting policies in place that are designed to ensure that staff taken on are people of integrity. However, as one High Court case showed, such policies must be reasonable and take account of job applicants’ human right to privacy (R on the Application of ‘R’ v The… Read more »

Airline Pilot Strikes Crucial Blow for Trade Union Rights

It has long been unlawful to refuse to employ someone because of his or her trade union membership. However, in a ground-breaking decision, a tribunal has extended that protection to non-union members who have engaged in union activities (Jet2.com Limited v Denby). The case concerned an airline pilot who had sought to persuade his employer… Read more »

Restrictive Covenants and Unlawful Restraint of Trade

Restrictive covenants in employment contracts are worthless if they are so broad as to amount to an unlawful restraint of trade. The Court of Appeal reiterated that point in enabling a senior recruitment consultant to take up a position with a competitor of her former employer (Tillman v Egon Zehnder Limited). Mary Tillman began working… Read more »

Employment Status – Uber Must Take its Case to the Court of Appeal

After the Employment Appeal Tribunal upheld the decision of the Employment Tribunal that Uber drivers are workers, rather than being self-employed, and thus have the right to be paid the National Minimum Wage or the National Living Wage and to receive holiday pay (Uber B.V. and Others v Aslam and Others), Uber made clear its… Read more »

Part-Time Workers and Discrimination

The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTWR), which came into force on 1 July 2000, established a minimum standard of fairness for part-timers so that they cannot be treated less favourably than comparable full-time co-workers, unless the treatment is justified on objective grounds. In British Airways v Pinaud, the Employment Appeal… Read more »

The Employment Tribunal Fees Refund Scheme

Following a four-week pilot scheme, the Employment Tribunal Fees Refund Scheme is now open to anyone who paid fees in respect of an Employment Tribunal or Employment Appeal Tribunal claim after their introduction in July 2013. Those eligible can apply online here. Alternatively, the following forms are available to apply for a refund by post… Read more »