In cases with foreign elements where there is a question as to whether a claim falls within the territorial scope of British employment law, it is an error of law for the tribunal not to identify whether, and, if so at what point in time, the claimant had sufficient connection with Great Britain and British… >>
HM Treasury has published guidance on the criteria which public sector employers should consider before proposing the use of a special severance payment. These are payments to terminated employees that do not correspond to any contractual or statutory right, including payments reached under a settlement agreement, the outstanding value of unclaimed employee benefits, write-offs of… >>
When considering whether an individual has the status of a ‘worker’ for the purpose of various statutory rights, e.g., to holiday pay, there is no need for there to be an irreducible minimum of obligation on both parties, i.e., for there to be an obligation on a putative worker to accept and perform some minimum… >>
Where the actions of an employer amount to a fundamental breach of contract, nothing that the employer does after that point can cure that breach. Provided that the employee does not affirm the contract and waive the breach, it remains open to the employee to accept that breach and claim constructive dismissal. When considering whether… >>
A failure to pay an allowance due to a mistaken belief that the allowance constituted ‘pay’ and was therefore not payable during the latter part of a police constable’s maternity leave, did not amount to direct sex discrimination. It was the claimant’s unavailability for work that was the reason for non-payment and the fact that… >>
Where discriminatory acts, that appear to be well outside tribunal time limits, form part of a chain of events that lead up to a ‘last straw’ constructive dismissal, and those acts sufficiently influenced the overall repudiatory breach in response to which the employee ultimately resigned, then a claim for discriminatory constructive dismissal may still be… >>
Where an employer pays adoption pay at an enhanced rate but pays shared parental pay to all employees (male or female) at a lower rate (e.g., at the statutory rate), that will not amount to direct sex discrimination, according to the EAT. Price v Powys County Council (UKEAT/0133/20/LA) What are the practical implications of this… >>
The decision of the CJEU in King v Sash Window Workshop (allowing holiday which could not be taken for a reason beyond the worker’s control to be carried forward for the purpose of a holiday pay claim) does not have the effect of allowing holiday, which was taken, but was not paid for, to be… >>
A ‘road map’, which provides details of the listing and methods of conduct of employment tribunal hearings from 1 April 2021 to 31 March 2022, has been issued by the Presidents of the Employment Tribunals of England and Wales (Judge Barry Clarke) and of Scotland (Judge Shona Simon). It provides that: (1) video hearings will… >>