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You will find great articles and our views on the hot topics in the Employment Law!

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Employment Law

Should the National Minimum Wage Be Paid During Induction Training?

Many employers require prospective employees to undergo induction training before they are taken onto the payroll – but, during such training, are prospects entitled to receive the National Minimum Wage (NMW)? The Employment Appeal Tribunal (EAT) addressed that issue in an instructive decision. The case concerned a care professional who was offered a job by a company that provided home-based services for adults. She was required to carry out a week of induction training before she was given a…


Categories: Employment Law, Employment Law for Employees, Employment Law for Employers,
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Employment Law

Discrimination and the Burden of Proof – Supreme Court Clarifies the Law

Ever since a crucial alteration was made to the wording of the Equality Act 2010, the question of where the burden of proof lies in employment discrimination cases has been the focus of intense legal debate. An important Supreme Court ruling has, however, resolved the issue once and for all. The case concerned a postman who was born in Nigeria and identified as black African and Nigerian. He had qualifications in computing and wished to obtain a managerial or technical role within Royal Mail.…


Categories: Employment Law, Employment Law for Employees, Employment Law for Employers,
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Employment Law

Postman Sacked Following Flawed Investigation Wins Unfair Dismissal Claim

A finding of dishonesty against an employee is a grave matter that is highly likely to negatively impact on their future working life. In upholding a postman’s unfair dismissal claim, an Employment Tribunal (ET) emphasised that such a finding can only be justified following a thorough and reasonable investigation. The postman was accused of stealing a letter from a bank that had been left sticking out of a householder’s letterbox. The evidence against him included CCTV footage from a video…


Categories: Employment Law, Employment Law for Employees, Employment Law for Employers,
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Health and Safety

High Court Apportions Liability for Worker’s Construction Site Fall

Construction workers often do not have formal employment contracts and, in a world where contractors and subcontractors proliferate, it can be hard to tell where legal responsibility lies in the event of an accident. That was certainly so in a High Court case concerning a labourer who suffered catastrophic injuries in a workplace fall. The worker was engaged in building a mezzanine office at factory premises when he fell onto concrete, fracturing his skull. He suffered a severe brain injury,…


Categories: Health and Safety, Personal Injury,
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Employment Law

Worker Sacked for Black Lives Matter Comment Wins Unfair Dismissal Claim

Race discrimination is amongst the most sensitive issues that any employer needs to address, and all the more so since the tragic death of George Floyd at the hands of a US police officer and the growth of the Black Lives Matter (BLM) movement. An Employment Tribunal (ET) made that point in ruling that a supermarket worker was unfairly dismissed for making a comment concerning a black children’s toy. After picking up the soft toy, which appeared to represent a black rabbit, the white British…


Categories: Employment Law, Employment Law for Employers,
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Health and Safety

Court Upholds Planning Consent for Heliport Close to Fuel Storage Depots

Few human activities are entirely risk free but, when deciding whether to authorise potentially hazardous developments, planning professionals have to keep the worst-case scenario well in mind. In a case on point, the High Court opened the way for construction of a commercial heliport despite fears that its proximity to huge fuel storage depots would present a risk of catastrophe. The heliport was proposed for a site in the docklands area of a major city. Within a few hundred metres of the…


Categories: Health and Safety, Planning Law,
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