Welcome to Hot Off the Press
You will find great articles and our views on the hot topics in the Employment Law!
General
ET Failed to Consider Whether Rejecting Claim Was in Interests of Justice
The Employment Appeal Tribunal (EAT) has found that, when rejecting a woman’s claim because the name of the respondent on the claim form did not match the name of the employer on the early conciliation certificate, the Employment Tribunal (ET) erred in law in failing to consider whether it was in the interests of justice to reject the claim. The woman had been dismissed from her job as a sales associate. She considered her dismissal to be unfair and/or discriminatory. She received an early…
Categories: General, Employment Law, Employment Law for Employees,
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General Legal News
Man Who Worked for Membership Association Was an Employee
The Employment Tribunal (ET) has ruled that a man who worked for a membership association which acted on behalf of free-range egg producers was an employee rather than a self-employed contractor. The man began working for the association in 2011 as Policy Director, going on to become Chief Executive in 2016. He was required to work a set number of days per week and invoiced the association monthly for the work he had performed, plus travel and accommodation expenses. In March 2023 he was given…
Categories: General Legal News, Employment Law, Employment Law for Employees, Employment Law for Employers, Business Tax,
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Employment Law
Saleswoman Wins Maternity Discrimination Claim
An award-winning saleswoman who was not allowed to return to her former role after taking maternity leave, resulting in a significant reduction in her earnings, has succeeded in her maternity discrimination claim before an Employment Tribunal (ET). Prior to taking maternity leave, the woman had worked in her employer’s ‘web team’. The web team generated the most income for her employer and the most commission for salespeople. She claimed that her employer had confirmed that she would return to…
Categories: Employment Law, Employment Law for Employees, Employment Law for Employers,
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Employment Law
ET Erred in Considering ‘Last Straw’ in Constructive Dismissal
The Employment Appeal Tribunal (EAT) has upheld an HGV driver’s appeal against the rejection of his constructive unfair dismissal claim, finding that the Employment Tribunal (ET) had misdirected itself on the proper approach to considering the ‘last straw’. The HGV driver’s role involved collecting spent grain from distilleries, taking it to a biogas plant and tipping it into an intake hopper. Following operational changes at the plant, he felt under pressure and found it difficult to take…
Categories: Employment Law, Employment Law for Employees, Employment Law for Employers,
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Health and Safety
Grocery Supplier Fined After Worker Killed by Reversing HGV
A grocery wholesaler has been prosecuted by the Health and Safety Executive (HSE) and fined £1 million following an accident in which a worker was killed by a reversing HGV. The man and a colleague were making a delivery to a store when the accident happened. He was acting as a banksman while his colleague was reversing the HGV into the store’s unloading area. He became trapped between the HGV and a wall, sustaining fatal crush injuries. An investigation by the HSE found that the wholesaler had…
Categories: Health and Safety, Personal Injury, Personal Injury and Clinical Negligence,
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General Legal News
Government Launches Review of Parental Leave
The Government has launched a full review of parental leave and pay, with the aim of better supporting working families and helping children to get the best start in life. The Government says that the current system is complicated and does not always give families the support they need. One in three fathers cannot afford to take paternity leave, and take-up of shared parental leave remains very low. The review will examine how to modernise parental leave to support families and help grow the…