Posts Categorized: Employment and HR

Employee Copyright Agreement Achieved Legitimate Aim

Many employers require their staff to sign copyright agreements by which they give up their intellectual property rights to designs or other works created in the course of their employment. In an important decision concerning a luxury leather goods manufacturer, the Employment Appeal Tribunal (EAT) ruled that one such agreement was a proportionate means of… Read more »

Job Interviews and the Risks of Asking Off the Cuff Discriminatory Questions

Questions asked of job applicants at interview should be carefully considered in advance and formulated with the benefit of legal advice. In one case where that signally did not happen, a 67-year-old man who was turned down for a park attendant’s job succeeded in an age discrimination claim (James v Coedffranc Community Council). The man… Read more »

Court of Appeal Rules Uber Drivers Are Workers

The Court of Appeal has ruled that drivers who use online taxi company Uber’s app are ‘workers’ within the meaning of the Employment Rights Act 1996 (ERA), rather than self-employed contractors, but has given the company permission to appeal to the Supreme Court. Uber provides booking and payments services via the app. A group of… Read more »

The Rules on Time Limits for Employment Tribunal Claims

An employee wishing to bring an unfair dismissal claim must do so within three months of their effective date of termination. Time limits for presenting claims to the Employment Tribunal (ET) are normally strictly enforced. If the deadline is missed, Section 111(2) of the Employment Rights Act 1996 (ERA) states that the claim will only… Read more »

Employers – Are You Treating Misconduct Cases Consistently?

Some forms of workplace misconduct may appear so serious as to obviously justify dismissal as a matter of common sense. However, as an instructive decision of the Employment Appeal Tribunal (EAT) showed, the need for even-handed fairness and consistency is a constant in every employment case, no matter how grave (Doy v Clays Limited). The… Read more »

Whistleblowing – Information or Allegation?

In Cavendish Munro Professional Risks Management Limited v Geduld, the Employment Appeal Tribunal (EAT) established the principle that, for the purposes of the whistleblowing provisions of the Employment Rights Act 1996, to qualify for protection a disclosure must be the giving of information as distinct from an allegation. In the recent case of Kilraine v… Read more »

Unfair Dismissal – What is the Legal Effect of a Successful Internal Appeal?

If an employee is dismissed but that decision is subsequently overturned following an internal appeal, does the latter decision wipe out the effect of the former? The Court of Appeal tackled that issue in a guideline decision (Patel v Folkestone Nursing Home Ltd.). The case concerned a care home worker who was summarily dismissed for… Read more »