The Supreme Court has dismissed the appeals of overnight care workers Claire Tomlinson-Blake and John Shannon on 19 March 2021, who contended that time spent during ‘sleep-in’ shifts ought to be remunerated at the National Minimum Wage (NMW), even for time during which they were permitted to sleep. The decision will mean that time during… >>
In an unfair dismissal claim, which provides an example relating to PPE use during the pandemic, an employment tribunal has found that the dismissal of a lorry driver, for failure to comply with a customer’s request to wear a face mask, was within the range of reasonable responses open to the employer, and thus not… >>
When deciding whether a disclosure is a qualifying disclosure, to determine whether, potentially, it may acquire whistleblowing protection, (1) it will often be necessary to look at evidence of the context in which it was made rather than simply at the words it contained, and (2) it is not necessary for the disclosure expressly to… >>
From 6 April 2021, new increased compensation limits for employment tribunal claims will come into force, including a revised figure of £544 (currently £538) for the maximum amount of a week’s pay (used for calculating various awards including statutory redundancy payments and unfair dismissal basic awards), and a higher maximum unfair dismissal compensatory award of… >>
Whether a contract is a ‘worker’s contract’ is a matter of statutory interpretation, not contractual interpretation. That involves taking a purposive approach which, in the employment context, is to protect those who are vulnerable as a result of their subordination to, and dependence upon, another person in relation to their work. In the case of… >>
In a whistleblowing claim brought by a solicitor who had alleged to his firm that a client was being overcharged, even though his primary purpose in making that disclosure was private in nature, it still passed the test of showing that it was ‘made in the public interest’ because the nature of the wrongdoing disclosed,… >>
Under section 109(4) of the Equality Act 2010 (EqA 2010) an employer can defend a claim resulting from the otherwise unlawful discriminatory actions of an employee if it can demonstrate that it took all reasonable steps to prevent those actions (or actions of that kind). In determining whether the employer has established that defence, it… >>
If a person makes an allegation (which may be express or implied) that there has been a contravention of the Equality Act 2010 (EqA 2010) then that is a protected act and they are protected from being victimised because of it. However, stating that a particular act ‘may be discriminatory’ may not amount to a… >>
A person bringing a claim of unfair dismissal is under a duty to mitigate their loss. If the respondent proves that the claimant should have regained employment earlier than they did, and hence has failed to mitigate their loss, then normally the tribunal should reduce compensation by reference to a date by which employment should… >>