18 results
4 Dec 2019 16:01
Constructive DismissalConstructive dismissal and compensation Constructive dismissal compensation is a complicated subject, but it is a situation that often enables you, as the employee, to negotiate a decent settlement agreement. This article sets out some of the many pitfalls which tend to thwart employees who want to more...
5 Nov 2019 10:55
Mark Green appears in EAT and Court of Appeal on issues of dishonesty and limitationIn the EAT case of Humankind Charity (formerly Blenheim CDP) v Gittens (judgment not yet available), Mark Green (instructed by Ellis Whittam) successfully represented the Appellant. Ms Gittens was dismissed for misconduct, following an allegation of dishonesty. The Employment Tribunal found that the more...
31 Jul 2019 10:02
Enhanced protection from redundancy for pregnant women and new parents – Joseph England explains the changes announcedThe government has announced changes as part of its Good Work Plan that will provide protection from redundancy dismissals being extended to 6 months after a mother has returned to work. In addition, the government intend to extend redundancy protection for those taking adoption and shared parental more...
17 Jul 2019 09:54
Full force of the law used against employer in a discrimination claim – Otshudi v Base Childrenswear LtdThis appeal decision in Otshudi v Base Childrenswear Ltd (UKEAT/0267/19), shows just how sharp the teeth of the law can be in cases of discrimination especially where the employer has shown a disregard for process. A worthwhile read for all employers and a cautionary tale on how not to do things. In more...
22 May 2019 09:11
TUPE: Automatic unfair dismissalEmployment barrister Tom Wood has written about TUPE, after a recent case in the Court of Appeal. He looks at Hare Wines Ltd. v. Kaur [2019] EWCA Civ 216. Follow the link to read the article. If you require any further information, please contact our employment team clerks Chris Shaw and Rob Lang. more...
14 Mar 2019 15:49
3PB employment barrister Karen Moss persuades EAT the ET applied wrong thresholds for liability in relation to discrimination arising from disabilityKaren Moss succeeded yesterday in the EAT in Baldeh v Churches Housing Association of Dudley & District Ltd UKEAT/0290/18/JOJ, persuading HHJ Shanks that where the original decision to dismiss was for disability-related reasons, without knowledge of the disability, but the appeal decision, upholding more...
11 Mar 2019 09:41
3PB Employment barrister Andrew MacPhail acts in BMC Software Limited v Ms A Shaikh [2019] EWCA Civ 267 in the Court of Appeal3PB employment barrister Andrew MacPhail appeared in the Court of Appeal recently, representing Ms Shaikh at all stages including at the Court of Appeal, instructed by LB Law. The Court of Appeal, as confirmed in its reserved judgment of today’s date, concluded in Ms Shaikh’s favour ([2019] EWCA more...
28 Feb 2019 09:15
Mark Green appears on This Morning to talk about landmark discrimination case3 Paper Buildings (3PB) Employment and Discrimination barrister Mark Green, instructed by Anna Illingworth of solicitors Rowberry Morris, successfully represented 88-year-old secretary Eileen Jolly in suing the NHS for age and disability discrimination after she was dismissed, despite the surgeon more...
30 Jan 2019 13:34
Virtuoso Legal Successfully Defend Leading Scientists in Breach of Confidence Case Brought by Invista Textiles (UK) LimitedVirtuoso Legal successfully defend VideraBio Limited and Drs Botes, Chokkathukalam and Chen in High Court breach of confidence claims brought by industry giant, Invista Textiles (UK) Limited. The Background The Claimants in this case, “Invista” is part of the Koch Industries group based in Wichita, more...
15 Jan 2019 13:29
John Carl Townsend, instructed by Monan Gozzett Solicitors, succeeds in an appeal to the Football Association Appeal Board.The Appellant had a longstanding involvement in the management of under 18 county teams and was well regarded amongst his peers. In 2017, complaints were received regarding his failure to adhere to the FA’s safeguarding protocols. The FA investigated the matter and the Appellant was made the subject more...
10 Dec 2018 15:36
Office banter: a dangerous path to tread?There are some phrases which make an employment lawyer's heart sink, and pride of place amongst them undoubtedly goes to "but it was just office banter". Usually a signal that something offensive has indeed gone on within the workplace, it might be thought that short shrift is likely to be given to more...
29 Nov 2018 15:14
Unfair Dismissals — act fairly now, or you risk paying the price laterTwo recent Employment Tribunal judgments serve as a reminder of the importance of conducting fair and thorough HR processes. In the first case, an NHS Trust employee was fired for gross misconduct after a physical confrontation with a van driver in the hospital carpark. Even though the Trust carried more...
28 Nov 2018 14:00
3PB Barrister Mark Green represents medical secretary in landmark age discrimination case against the NHSEmployment and Discrimination barrister Mark Green, instructed by Anna Illingworth of solicitors Rowberry Morris, represented 88-year-old secretary Eileen Jolly in suing the NHS for age discrimination after she was dismissed, despite the surgeon she worked for disagreeing with the decision, stating more...
26 Nov 2018 15:55
PCP: Verbal Instructions Trump Written Job DescriptionBrangwyn v South Warwickshire NHS Foundation Trust [2018] EWCA Civ 2235; [2018] 10 WLUK 205; 11 October 2018. In the Court of Appeal, Tim Sheppard successfully defended the Claimant’s appeal against the decision below, to refuse his claim of a failure by the Respondent Trust to comply with the duty more...
13 Jun 2018 12:08
A plumber has won a legal battle for working rights in a Supreme Court ruling expected to have huge ramifications for freelance workers!In what is likely to be the leading authority on employment status for years to come, the Supreme Court today has dismissed the appeal of Pimlico Plumbers from the Court of Appeal decision that Mr Smith was a worker and not a self-employed contractor. Mr Smith is a plumber who carried out work for more...
Calling a spade a spade: Pimlico Plumbers, Mr Smith and the mystery of personal performance
Pimlico Plumbers Ltd & Mullins v Smith [2018] UKSC 29 In what is likely to be the leading authority on employment status for years to come, the Supreme Court today has dismissed the appeal of Pimlico Plumbers from the Court of Appeal decision that Mr Smith was a worker and not a self-employed more...
Tribunal Can Hear Evidence about "Protected Conversation" in an Unfair Dismissal Case
The idea of "protected conversations" is to allow employers to enter into off-the-record conversations with a view to agreeing the exit of an employee. The "protected conversation" policy was introduced under s.111A of the Employment Rights Act 2013 and was a flagship policy of the Government's more...
19 Feb 2018 17:32
When Wrongful isn’t Necessarily UnfairWhen Wrongful isn’t Necessarily Unfair Unfair dismissal claims? We’ve all done a million of them. Maybe not that many but I am simply applying the same exaggeration that goes onto most Claimant’s schedules of loss. The Claimant wants to go into the nuts and bolts of the claim and to prove that he more...
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