ECHR Rules on Protection of Political Beliefs

The European Court of Human Rights (ECHR) has ruled that United Kingdom legislation is deficient as it does not protect employees, including those with less than one year’s service, from dismissal on grounds of political opinion or affiliation (Redfearn v United Kingdom). In 2006, the Court of Appeal ruled that Arthur Redfearn, a bus driver… Read more »

ECHR Rules in Religious Discrimination Claims

The European Court of Human Rights (ECHR) has handed down its rulings in four UK cases in which Christian employees claimed to have suffered discrimination at work on account of their religious beliefs. Two of the cases concerned women who were prevented from wearing a crucifix at work and two involved employees who were expected… Read more »

Jurisdiction – Claims by Overseas Employees

The Employment Appeal Tribunal (EAT) has ruled that the Employment Tribunal (ET) does have jurisdiction to hear an employee’s complaints under sex discrimination and equal pay legislation even though her contract of employment specifically stated that German law should be applied to the resolution of any disputes (Simpson v Intralinks). Mr Justice Langstaff said that… Read more »

Service Provision Change Defined in TUPE Case

In a ruling which clarifies what is meant by a ‘service provision change’ in the context of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), the Employment Appeal Tribunal (EAT) has ruled that a council constrained to take ‘in-house’ the provision of services on the expiry of a contract is the correct respondent… Read more »

Government Responds to Consultation on New Employment Status

The Government has published its response to a consultation on plans to introduce a new kind of employment status – ‘employee owner’. Under the proposals, employee owners would relinquish some of their UK employment rights in exchange for rights of ownership in the form of shares in the business they work for. The scheme is… Read more »

Confidential Document Leak Lands Executive in Court

An executive has been found in breach of his contract of employment with his former employer after he leaked a confidential report during a luncheon appointment with a business contact. Shortly after leaving his senior position to take up a new post with a rival company, he disclosed the confidential document to a business contact… Read more »

The Office Christmas Party

Many employers and their staff will now be looking forward to their firm’s Christmas party. Holding a company event at Christmas is an excellent way to make staff feel valued and to thank them for the past year’s work. As with any staff gathering, however, there are certain precautions it is sensible to take to… Read more »

Sacked Probation Officer Wins Fresh Hearing of Unfair Dismissal Claim

In Scott v Northumbria Probation Board, a probation officer whose unfair dismissal claim was rejected by the Employment Tribunal (ET) has seen that decision quashed by the Employment Appeal Tribunal (EAT).   Mr Scott was dismissed for misconduct by his employer, Northumbria Probation Board, after he was accused of submitting false expenses claims, including the… Read more »

Deposed Council Chief Executive Was Lawfully Dismissed

The procedure for making council employees redundant has been examined in the case of a former chief executive who was dismissed after her local authority switched to an elected mayor system (R on the application of Lock v Leicester City Council).   Sheila Lock sought judicial review of decisions leading up to her 2011 dismissal,… Read more »

Job Centre Manager Wins Unfair Dismissal Claim

A job centre manager who said that she was dismissed because of her zeal in helping a vulnerable teenager to find work has succeeded in her claim for unfair dismissal at the Court of Appeal (Graham v Secretary of State for Work and Pensions – Jobcentre Plus). Janet Graham worked for the Department for Work… Read more »