Diabetic Salesman Put Under Too Much Pressure to Meet Targets

A diabetic telephone salesman who was put under intense pressure to meet targets – and was eventually sacked for failing to do so – has won the right to substantial compensation for unfair dismissal and his employer’s failure to make reasonable adjustments to cater for his disabilities (Vodafone Limited v Winfield). Mr Winfield began working… Read more »

Shared Parental Pay – Father Wins Sex Discrimination Claim

The introduction of the Shared Parental Leave Regulations 2014 has given eligible parents more flexibility as to how leave can be taken after the birth or adoption of a child. Shared parental leave (SPL) enables mothers to share up to 50 weeks’ maternity leave and 37 weeks’ pay with their partner so that both parents… Read more »

Disability – Protection of Pay Can Be a Reasonable Adjustment

In G4S Cash Solutions (UK) Limited v Powell, the Employment Appeal Tribunal (EAT) considered whether an employer’s duty to make reasonable adjustments where a provision, criterion or practice places a disabled employee at a substantial disadvantage extends to continuing to pay them at a higher salary rate after they have been moved to a less… Read more »

TUPE – No Service Provision Change to Commercial Bus Company

In a recent case (CT Plus (Yorkshire) CIC v Black and Others), the Employment Appeal Tribunal (EAT) provided important guidance on the operation of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) with regard to the service provision change (SPC) provisions. Regulation 3(1)(b)(ii) states that TUPE applies when activities cease to be carried… Read more »

Acas Guidance on Carrying Out Investigations in the Workplace

When a problem arises in the workplace that cannot be resolved informally or quickly, it is important that the matter is dealt with fairly and in accordance with the employer’s disciplinary and grievance procedures where appropriate. Essential to this is carrying out a properly conducted investigation that allows the employer to consider all the relevant… Read more »

Uber Drivers Win First Round of Employment Rights Battle

In a ground-breaking decision, the Employment Tribunal (ET) has ruled 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 where applicable) and to receive holiday pay. The case was brought by a number of past and present Uber… Read more »

EAT Decision Reinforces Agency Workers’ Rights

In a guideline decision, the Employment Appeal Tribunal (EAT) has reinforced the rights of agency workers for the purposes of the protected disclosure (‘whistleblowing’) provisions of the Employment Rights Act 1996 (ERA), underlining that it is legally possible for a person to have one job but more than one employer (McTigue v University Hospitals Bristol… Read more »

The Use of E-cigarettes in the Workplace

Legislation under the Health Act 2006 that prohibits smoking in enclosed public places and workplaces, on public transport and in vehicles used for work does not cover the use of e-cigarettes. The devices do not burn tobacco or create smoke but work by vaporising a flavoured liquid for the user to inhale, which is why… Read more »