Law firm Leigh Day launched a claim on 19 April 2023 on behalf of tens of thousands of drivers against online food delivery giant Just Eat and courier service Gophr over their classification of delivery drivers and couriers as independent contractors. Leigh Day will argue before the High Court that Just Eat drivers are being… >>
An Employment Appeal Tribunal (EAT) judge on 4 April 2023 dismissed a former BBC journalist’s application to revive some of the arguments about why they left the broadcaster, ruling that the employment tribunal (ET) had correctly identified the issues to be heard. Hassan v BBC [2023] EAT 48 Mrs Justice Eady, President of the EAT, rejected… >>
The Employment Appeal Tribunal allowed the appellant’s application for the recusal of a lay member from hearing the instant appeal against the respondent. The appellant had filed for an application for the recusal of the lay member, AM, from the hearing of the appeal based on apparent bias. It was alleged that AM’s former position… >>
On 27 March 2023, the government has published a press release confirming that they have launched a review of the whistleblowing framework. The press release states that the review will gather evidence on the effectiveness of the current whistleblowing regime in enabling workers to speak about wrongdoing and protect those who do so. The press… >>
A town council discriminated against its former clerk by having inadequate women’s toilet facilities, which meant she would have to use a shared men’s toilet with an open urinal, according to the EAT. Earl Shilton Town Council v Miller [2023] EAT 5 The Employment Appeal Tribunal (EAT) has rejected Earl Shilton Town Council’s case that… >>
A consultation has been launched (on 30 January 2023) to consider how to reframe the rules governing when and in what circumstances non-legal members should sit with an Employment Judge in employment tribunal hearings. The deadline for responses (to the Senior President of Tribunals) is 27 March 2023. The Senior President of Tribunals has issued… >>
A recent first-tier tax tribunal case has re-iterated how important the description given to respective portions of an employment termination settlement package can be for tax purposes. It acts as a stark reminder that the rules on payments to an employee agreeing to restrictions do not just catch traditional restrictive covenants (e.g., restrictions on working… >>
In cases where an appeal to the Employment Appeal Tribunal (EAT) against an employment tribunal decision is otherwise properly instituted, ahead of receipt of the tribunal’s written reasons, and there is a clear explanation, supported by evidence, that a timely request for those reasons has been made, the usual practice of the EAT is to… >>
The Court of Appeal has confirmed that, on the particular facts of this case, where the employee refused to return to work during the coronavirus (COVID-19) pandemic in circumstances where the employer had put in place social distancing in the workplace and other measures like handwashing and face masks, the employment tribunal did not err… >>