Legal News

The EAT decision in Efobi will, if upheld, make it easier for tribunals to hold there are sufficient facts for the burden of proof to be on the employer to show there was no unlawful discrimination. It had been thought that the Equality Act 2010 continued the position under previous legislation – that for the... Read more »
The EAT held that pay for voluntary overtime could be ‘normal’ pay, which under EU law had to be taken into account in calculating holiday pay. In Dudley Metropolitan Borough Council v Willetts (bailii,org) the EAT had to consider whether payments received in respect of entirely voluntary overtime could be treated as forming part of... Read more »
Diana Kloss’s blog considers those who are neither ‘employees’ nor genuinely self-employed. What have court cases been saying, and would the proposals in the Taylor Review issued in July be helpful? There have been recent court cases finding against companies which argue that those who work for them are genuinely in business on their own... Read more »
Claimants need no longer pay fees to bring an employment tribunal claim, following a decision by the Supreme Court. The Supreme Court held in R (Unison) v Lord Chancellor (www.bailii.org) that the system of employment tribunal fees which has been in place since 2013 is unlawful. With immediate effect, tribunal fees are no longer payable.... Read more »
The EAT held that in deciding whether a non-UK employee could bring a British employment claim, the fact his contract was governed by English law was relevant even if that was just for ‘convenience’. In Green v SIG Trading (www.bailii.org) the claimant had lived in the Middle East for over 15 years, and was recruited... Read more »
A disabled worker taking ill health retirement was treated more favourably than non-disabled workers, but less favourably than someone who had not reduced their hours due to disability. In Trustees of Swansea University Pension & Assurance Scheme v Williams (www.bailii.org), the claimant received an enhanced pension because he was no longer able to work due... Read more »
The Court of Appeal has now considered whether the claimant’s disclosure of an alleged breach of his own contract of employment, which also affected 100 co-workers, could be regarded as in the public interest. In June 2013 it became a requirement for whistleblowing protection that the disclosure must, in the reasonable belief of the worker,... Read more »
The EAT largely upheld a tribunal decision that (on the facts) a college was entitled to dismiss a lecturer who had been off work with a depressive illness for over a year. In Pulman v Merthyr Tydfil College (www.bailii.org), the employment tribunal concluded that the employer had done as much as could reasonably be expected... Read more »
The EAT went some way – but not that far – in considering Equality Act issues on redeployment and pay while off sick. In West v Royal Bank of Scotland (bailii.org) the claimant developed cervical spondylosis and became unable to do her previous job. Part of the case related to her losing her entitlement under... Read more »