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…
2017 employment news It looks like the key employment law issue for 2017 will be employment status. In recent months, we have seen cases affecting a range of workers operating in the ‘gig economy’ where Employment Tribunals have held that they are entitled to paid holiday under the Working Time Regulations and to be paid…
Gross misconduct Adesokan v Sainsbury’s Supermarkets Ltd We often say that an employer will be entitled to dismiss an employee without notice if the employee is guilty of gross misconduct. That phrase suggests some sort of deliberate wrongdoing on the employee’s part but in Adesokan v Sainsbury’s Supermarkets Ltd the issue was whether it could…
Sickness absence & disability discrimination O’Brien v Bolton St Catherine’s Academy Section 15 of the Equality Act 2010 provides that it is discrimination to treat a disabled person unfavourably because of something arising in consequence of his or her disability – although there is a defence if the employer can show that the treatment is…
Changes to strike laws The major provisions of the Trade Union Act 2016 came into force on 1 March, 2017. This means that from now on industrial action ballots will only be lawful if at least 50 per cent of those being balloted cast a vote. Where the majority of those being balloted are engaged…
Religious Dress in the Workplace Achbita v G4S Secure Solutions NV Whatever you might have read elsewhere, the Court of Justice for the European Union has categorically not ruled that employers are allowed to ban the wearing of Islamic headscarves in the workplace. But what the Court does say in the case of Achbita v…
Workplace disputes are costly. They damage relationships and compromise business performance. Read our article on workplace conflict here. Disciplinary and grievance policies are designed to manage disputes by establishing wrongdoing by employees against their company or colleagues. While these policies appear to resolve disputes, they are time consuming, unpleasant for all, including colleagues involved in an investigation, and typically end…