Government Consults on Effectiveness of Whistleblowing Laws

The Enterprise and Regulatory Reform Act 2013 introduced changes to the laws on whistleblowing in order to: ensure people only blow the whistle on matters of public interest; allow whistleblowing claims through the Employment Tribunal system without being too easily dismissed on the ground that disclosures were not made in good faith; and introduce protection… Read more »

Tribunal Gives Guidance on ‘Totting-Up’ Dismissals

In circumstances where a prior written warning ‘tipped the balance’ in favour of an employee’s dismissal following a further incident of alleged misconduct, the Employment Appeal Tribunal (EAT) has given guidance on the correct approach to be taken in ‘totting-up’ dismissal cases (Wincanton Group plc v Stone). Mr Stone, who had worked for Wincanton Group… Read more »

Nursery Officer’s Disability Discrimination Claim to be Reheard

In directing reconsideration of a local authority employee’s disability discrimination claim, the Employment Appeal Tribunal (EAT) has emphasised that the making of an assessment as to what reasonable adjustments might be made in respect of a disabled employee is not in itself capable of amounting to a reasonable adjustment (Rider v Leeds City Council). Ms… Read more »

Company Fined Over Motorway Construction Site Death

Leading engineering and construction company Costain Limited has been fined £250,000 for breaches of health and safety law after one of its employees was killed by a reversing lorry during work on a £65 million scheme to widen the M25 near Dartford in Kent. Surveyor Richard Caddock, 38, was talking on his mobile phone and… Read more »

Estate Agent Fined After Contractor Killed in Fall

The Health and Safety Executive (HSE) has fined a firm of estate agents after a contractor who was working for them was killed when he fell from a roof. Roger Jary, 79, was a contractor for Morris, Marshall and Poole (MMP), a firm of estate agents with offices in Mid-Wales and Shropshire. He was carrying… Read more »

Logistics Company Fined for Lorry Driver’s Death

West Midlands logistics company Nightfreight (GB) Limited has been fined £300,000 for breaches of health and safety law after one of its drivers was killed by a runaway lorry at its depot in Earls Barton, Northamptonshire. Russell Homer, 44, had just started his night shift on 7 December 2010 when the incident occurred. His own… Read more »

Agency Workers and the ‘Swedish Derogation’ Exception

The Agency Workers Regulations 2010 (AWR), which implement the EU Agency Workers Directive, came into force on 1 October 2011. Under Regulation 5 of the AWR, agency workers have the right to the same basic terms and conditions of employment as if they had been recruited directly by the hirer, once they have completed a… Read more »

Stringfellows’ Lap Dancer Not an Employee

The Court of Appeal has overturned the decision of the Employment Appeal Tribunal (EAT) and ruled that a lap dancer at a London club owned by Peter Stringfellow was not an employee (Stringfellows Restaurants Ltd. v Quashie) and was not therefore entitled to bring a claim for unfair dismissal. Nadine Quashie auditioned as a lap… Read more »

Criminal Record Disclosures ‘Incompatible’ With Human Rights

The Court of Appeal has ruled that the established regime whereby applicants for jobs requiring contact with children or vulnerable adults have their entire criminal records disclosed to prospective employers is unlawful and an infringement of the applicant’s human rights. In the Court’s view, the blanket disclosure of all past offences, regardless of their antiquity… Read more »

Government Announces New Minimum Wage Rates

The Government has accepted the recommendations of the independent Low Pay Commission (LPC) for this year’s adult and youth National Minimum Wage (NMW) rates. However, the LPC’s recommendation that the apprentice rate, which applies to apprentices under 19 or those over 19 and in the first year of their apprenticeship, should remain at £2.65 an… Read more »