Legal News

An employer’s expectation that an employee will work long hours may be a provision, criterion or practice subject to the reasonable adjustment duty. This is so even if the employee is not ordered to work them nor coerced in the sense of being deprived of any real choice. The Court of Appeal so held in... Read more »
Diana Kloss’s latest blog considers workers’ rights to ask to see their health data under the new rules. One of the most valuable legal rights given to the subjects of personal data held by data controllers is the right to ask for a copy of their records. This right is currently conferred by the Data... Read more »
The EAT has upheld a tribunal decision that direct discrimination because the employer perceived the claimant to have a disability within the Equality Act is unlawful. A constable applied for transfer to another area. She had a hearing impairment which did not affect her ability to operate as a constable, and her hearing levels were... Read more »
We have updated our pages on who is a ‘worker’, including some recent cases on the gig economy. ‘Workers’ are an intermediate type of employment status between ‘employees’ and ‘genuinely self-employed, having some employment rights but fewer than employees: Employment status: ‘employees’ and ‘workers’. Our page on ‘Workers‘ now includes the Court of Appeal decision... Read more »
Where an employer had not allowed a worker paid leave because he was considered ‘self-employed’, the worker could now claim against the employer back to when he started employment in 1999. The EU Court of Justice (ECJ) decision in King v Sash Window Workshop is important particularly where an employer currently categorises certain people... Read more »
The Court of Appeal has reversed an EAT decision which previously held that a change of wording in the Equality Act had altered the law on shift in burden of proof. Essentially the new Court of Appeal decision in Ayodele v Citylink says the law on shift in burden of proof is what it... Read more »
Employment tribunal claimants, and employers ordered by the tribunal to reimburse fees, can now apply for refunds. This government scheme to reimburse fees follows the Supreme Court ruling in July that the system of employment tribunal fees was unlawful. Links to the online claim forms, or pdfs to apply by email or post, are at... Read more »
The Court of Appeal quashed an optometrist’s manslaughter conviction, because it was based on medical evidence she hadn’t (but should have) looked at. In a routine eye inspection, the optometrist failed to notice that a seven year old boy had swollen optic disks. An optical consultant/assistant had taken retinal images which clearly showed a problem.... Read more »