Age Discrimination and Retirement

Since the abolition of the Default Retirement Age (DRA) in 2011, it is not permissible for an employer to dismiss an older worker on the ground of retirement unless this can be objectively justified under the Equality Act 2010. This does not mean that employees will never be able to retire, but that an employer… Read more »

Compensation for Injury to Feelings

Compensation in unfair dismissal cases is based on financial losses, but where the dismissal is also discriminatory, it is possible to claim damages for non-financial loss – for example injury to feelings where the behaviour of the employer has caused distress, humiliation or anxiety to the claimant. Awards made by an Employment Tribunal (ET) for… Read more »

A Guide to Shared Parental Leave

Regulations that came into force on 1 December 2014 made changes to the way in which eligible parents can take leave after the birth or adoption of a child. Shared parental leave (SPL) aims to introduce more flexible, more equal arrangements that will enable mothers to share up to 50 weeks’ maternity leave and 37… Read more »

Government Responds to the Taylor Review of Employment Practices

In October 2016, the Prime Minister commissioned Matthew Taylor, Chief Executive of the Royal Society for the Encouragement of Arts, Manufactures and Commerce and a former policy chief under Tony Blair, to look at how employment practices need to change in order to keep pace with modern business needs. The Review, entitled ‘Good Work’, considered… 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 ( Limited v Denby). The case concerned an airline pilot who had sought to persuade his employer… Read more »

Workplace Mobility Clauses – EAT Guidance

Mobility of labour is vital to any modern economy and many employment contracts require staff to relocate from one workplace to another if their employer’s business demands it. One such clause came under consideration in a case in which a charity worker who refused to move was dismissed for gross misconduct (Aziz v The Fremantle… 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 »