Back in 2016 the European Court of Human Rights ruled in the case of Bărbulescu v Romania that an employer did not violate an employee’s right to privacy and respect for his private correspondence when he printed off 45 pages of personal messages he had sent using the What’s App account that he had installed…
It seems like hardly a week goes by without another employer in the ‘gig-economy’ being told by an employment tribunal that it actually has to give employment rights to the people that it claims are just freelancers finding work through their app. Working for or Working with? Workers at Deliveroo, Citysprint and Addison Lee have…
The case of the ‘gay cake’ Lee v Asher’s Baking Company Remember this case? Well, the Northern Ireland Court of Appeal has now spoken. Here’s a reminder of the facts: Mr Lee had asked the bakery to decorate a cake with the words ‘Support Gay Marriage’, along with a picture of the Sesame Street Characters,…
Inappropriate warning led to unfair dismissal Bandara v British Broadcasting Corporation Mr Bandara was a senior producer at the BBC. He was given a final written warning (which the Tribunal later found to have been ‘manifestly inappropriate’). Further gross misconduct was later alleged and Mr Bandara was dismissed. Unfair dismissal? No, the Tribunal said. It…
National Minimum Wage – Sleeping on the job? Can a worker still be working even when he or she is asleep? It seems like a silly question, but it lies at the heart of an important set of cases recently heard by the Employment Appeal Tribunal. All three involved workers were required to stay on their…
Employment law in the Queen’s Speech The Conservatives may have lost their majority in the general election, but they remain in power. Their manifesto promised a new right for parents to take leave on the death of a child, a right to unpaid time off to care for sick relatives and a right to request…
Give workers a break Grange v Abellio London Ltd This case was about workers’ entitlement to take at least 20 minutes’ rest after six hours’ work. It looked at when an employer will, and will not, be said to have denied a worker that right. Small changes, massive consequences Mr Grange’s working day was eight…
Discrimination Against Breastfeeding Mothers McFarlane and another v easyJet Airline Company Ltd This case involved two easyJet crew members who returned to work following maternity leave but who were still breastfeeding their children. They requested an adjustment to their flying rosters so that they wouldn’t have to work longer than eight hours at a time…
Employer liability for assault Bellman v Northampton Recruitment Ltd After their works Christmas party at a golf club, some of the attendees decided to move on to a new venue. These included Mr Bellman (a manager) and company director, Mr Major. Work drinks turn sour At around 3am, Mr Major assaulted Mr Bellman. It led…
Disability Discrimination Dispute Herry v Dudley Metropolitan Council The question of whether an employee is or isn’t disabled continues to test employers, and there seems little sign of that easing. As this case highlights, it’s a challenge for employees too. They must be able to show that their condition had the substantial adverse long-term effect…