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Summary: Should a tribunal re-evaluate a final written warning when considering if a capability dismissal was fair? No, says the EAT in Fallahi v TWI (available here ). Not unless the warning was given in bad faith and ‘manifestly inappropriate’. Background:... Read more
Summary: Is it unlawful for an employer to make direct offers to employees in connection with pay and changes to terms and conditions of employment while the collective bargaining process is still continuing? Yes, says the Supreme Court in Kostal... Read more
What do we already know? We updated you in our October 2018 Newsletter Government reforms (3): Top tips for staff that the Government announced plans to introduce new legislation to ensure that tips left for workers must go to them in full. This was following the Government’s... Read more
What do we already know? We updated you in our January 2020 Newsletter Government reforms: New Year, New Law! that the Government had announced in the earlier Queen’s Speech that it intended to introduce the right to work flexibly from the first day of employment. This... Read more
Summary: Is an act of dismissal discriminatory when the employer only knows of the disability post-dismissal? No, says the EAT in Stott v Ralli Ltd available here . Background: Employees can bring a claim under s15 Equality Act 2010 that they... Read more
The guidance encourages consultation with recognised trade union or employee representatives, which should cover (among other things): What do we already know? We updated you in our July 2021 Newsletter Government reforms (2): Coronavirus (Covid-19): Mandatory vaccinations for care home staff that the Government announced that from October 2021 anyone working... Read more
What do we already know? In March 2020 the Government published it consultation on carer’s leave which set out proposals to allow carers to take one unpaid week per year to provide care. The care would be for a family... Read more
What do we already know? We updated you in our July 2021 Newsletter Government reforms (2): Coronavirus (Covid-19): Mandatory vaccinations for care home staff that the Government announced that from October 2021 anyone working in a registered care home providing nursing or personal care would need to be fully COVID-19 vaccinated... Read more
Summary: Does an individual need to be offered and accept a minimum amount of work in order to be a ‘worker’? No, says the EAT in Somerville v Nursing & Midwifery Council (available here ). Background: The law groups staff as... Read more
What do we already know? As part of an employer’s obligations to prevent illegal working, there is a requirement to check the right to work of all employees’ original documents in person on or before their first day of work.... Read more
What do we already know? We updated you in our February 2021 Newsletter Coronavirus (Covid-19): Lockdown 3.0 – Government guidance on the updates to the 14 workplace guides the Government had published to enable employers to operate safely (known as being “COVID secure”). What’s new? The... Read more
Summary: Can an employer rely on medical evidence which post-dates dismissal when defending a disability discrimination claim? No, says the EAT in Brightman v TIAA Limited (available here ) Facts: Mrs Brightman was employed by TIAA Limited. The employer knew she... Read more
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