When the decision-maker's reason for dismissal is not the real reason.
Judge finds views were incompatible with human decency and conflicted with the fundamental rights of others.
Dismissal and breach of right to privacy were justified by potential risk to employer's reputation as statutory safeguarding partner.
Homeworking is becoming increasingly popular but employers should consider a number of important issues before agreeing to it.
Will leaving the EU and the new political landscape mean more or less protection for workers?
Employment tribunal judge was 'overwhelmingly' satisfied that ethical veganism met the necessary tests.
EAT: threat was materially influenced by employee's refusal to work at site after rest break refused.
Recommendations of Low Pay Commission accepted subject to parliamentary approval.
Installing hidden CCTV leading to workplace dismissals did not violate employees' rights to privacy
Recent employment and tax law decisions highlight risk that "self-employed" individuals engaged through their own companies could be employees.
Employer was not found liable because it had taken all reasonable steps to prevent discriminatory act
Courts and tribunals are not obliged to follow it, but guidance may be used as evidence in proceedings.
Employee made redundant after employer refused to allow her to continue to job share.
A tribunal must make findings of fact in regard to improper conduct before disapplying s.111A.
Employment tribunal: Lack of belief in "transgenderism" is incompatible with human dignity
What do employers and employees need to know about protests?
EAT agrees that out of hours GP paid through her own company was a worker
EAT rules that a partly self-interested disclosure could still pass the public interest test
The guidance is designed to clarify key aspects of NDAs and signposts where to get advice from.
"Current model is dependent on individual enforcement rather than seeking institutional change" say Committee.
If someone is employed illegally, will they have any rights under the employment contract or any protection under employment law?
The government is seeking public feedback on a number of work-related topics which may interest you
Court of Appeal confirms perceived disability discrimination claims are permissible under the Equality Act 2010
Making a covert recording could be gross misconduct in some circumstances but the recording may be admissible in the employment tribunal
Employers need to have a clear non-discriminatory reason for action when dealing with religious expression
Employer could not reasonably be expected to know about a disability as employee was unlikely to engage with medical enquiries
Inducements to forgo collective bargaining: the risk of penal awards decreases after Court of Appeal decision.
No discrimination where special treatment is afforded to women in connection with pregnancy or childbirth
Key aspects to bear in mind when offering volunteering and work experience
EAT decision confirms that the key question is 'what effect does the discrimination have on the individual?'
A recent case highlights the difficulties employers face when new evidence comes to light at appeal
An agreed exit for school staff via a settlement agreement may be trickier than you think…
A recent case considered a warden and receptionist being on call overnight at a caravan site
Cheshire Police were found to have directly discriminated against a white heterosexual male candidate
Case law has considered the actions of an over-exuberant attendee to an office party in what continues to be a fact-specific area of law
Probationary periods are a common feature of employment – but what exactly are the implications of one?
A disabled employee should have been offered a dedicated parking space as a reasonable adjustment in line with the employer's own policy
Marie-Louise Hamilton has been appointed managing partner and will start the role in May 2019.
Did the treatment of a gay head teacher amount to constructive dismissal and sexual orientation discrimination?
Employers who refuse rest breaks may be liable for personal injury caused by the lack of breaks
Court of Appeal: employer had reasonable and proper cause to suspend pending investigation of allegations of unreasonable force against children
Court of Appeal: TUPE transfer was principal reason for dismissal in the context of claimant's poor relationship with director of the transferee
EAT: teacher's dismissal could not be discriminatory on the basis of the employer's religion or belief but was discriminatory on the ground of sex
Late teacher's estate awarded damages for school's failure to inform the TPS that she had exhausted sick pay and was not in pensionable service
The Government Equalities Office publishes new guidance as 2019's gender pay gap reporting deadline approaches
Supreme Court upholds decision that the rules on disclosing multiple spent convictions in an enhanced DBS check are disproportionate and incompatible
Academy should have known teacher with reactive depression and PTSD was disabled and made reasonable adjustments
The EAT has upheld the decision of an employment tribunal that a live-in carer was an employee of the client even though she contributed to tax & NI.
In December, EHRC published a report on the first round of gender pay gap reporting, focusing on explanatory narratives and action plans.
Yes, the refusal of a contractual right to a four week trial period in an alternative role is very likely to lead to an unfair dismissal (EAT).
Incapability dismissal may be unfair and discriminatory if employee is contractually entitled to income when incapacitated by permanent disability.
Employment tribunal was right to take a "realistic and worldly-wise" approach as written contract did not reflect the reality of the arrangement
Court of Appeal holds purser paid 50% of full-time pay when available for work for more than 50% of full-time hours was less favourably treated.
A recent Court of Appeal decision highlights the risk that data controllers will be found liable for damages due to a data breach of a rogue employee
Court of Appeal holds two directors of a company personally liable for dismissal-related losses.
An in-depth look into the recent case of the Supreme Court overturning a decision made by the Court of Appeal of Northern Ireland.
When is an employer liable for an employee's actions?
Your chance to have a say on the Law Commission's consultation paper, and other questions about the way employment tribunals work
ACAS has published new guidance to assist employers in preventing workplace discrimination on the grounds of religion or belief.
Can independent schools keep their school fee salary sacrifice schemes in place?
Case underlines TUPE rule on “principal purpose” of an “organised grouping of employees”.
Was a job applicant with Asperger's Syndrome discriminated against by being required to sit a psychometric test? Yes, held the EAT
A recent legal ruling on TUPE service provision changes to decide whether activities carried out afterwards are “fundamentally the same” as before.
Yes, maybe. Schools should be aware that an unclear COT3 settlement agreement could allow an employee to bring future employment tribunal claims.
In a report relevant for academies and maintained schools, an ICO investigation concluded that charities had breached the Data Protection Act.
In the recent case of ALNO (UK) Ltd v Turner the EAT stressed the need to apply the “multi-factorial” test established in an earlier TUPE case
The EAT holds that TUPE service provision changes only apply to a grouping of employees providing services immediately before the transfer.
Schools that have salary sacrifice schemes as a benefit for staff paying school fees can take part in the government consultation on proposed reforms.
Employers who use the £30,000 tax exemption on termination payments are invited to consult on the proposed reforms.
TUPE transferee obligations can apply where a service changing hands is divided among multiple providers on functional lines, explains John McMullen
Guidance from DfE updated on 1 July for employers, governing bodies, school leaders and staff in maintained schools and academies.
A brief look at recent charity law and company law developments which are of relevance to independent schools.
In this article, we consider the wider implications of sexting on children, teachers and parents.
How will the new rules on reporting pay statistics for men and women affect larger independent schools?
When might a member of school staff be making a disclosure in the public interest and so be protected under employment legislation?
What are the key factors leading to the increased cost of employing school staff?
What are the likely effects of a Brexit on those UK employment laws of most relevance to the independent school sector?
Handling negative comments, complaints and criticisms about the school or staff made on social media can be a minefield for the leadership team.
Recent reports have highlighted the difficulties schools face when parents become involved in these disputes.
The Supreme Court unanimously ruled that an employer was "vicariously liable" for the actions of its employee in an unprovoked attack on a customer.
An employer who reasonably believed that an employee was lying about his symptoms was entitled to find gross misconduct.
The recent employment tribunal case of ICTS UK Ltd v Mahdi shows there is uncertainty about TUPE and short-term contracts.
A recent Employment Tribunal case highlights the need for schools to be aware of the possible duty to make reasonable adjustments for dyslexic staff.
Is an express power to lay off subject to an implied term of reasonableness? No, held the EAT
A recent ruling in the Employment Appeal Tribunal (EAT) gives clarity about when an employee is “assigned” to an employer before a TUPE transfer.
A recent ruling by the European Court of Justice provides a classic example for HR practitioners of what constitutes a TUPE business transfer.
Wrigleys celebrates another successful year for its trainee recruitment process, and welcomes Trusts and Estates specialist solicitor Kieran McIvor.
The Small Business, Enterprise and Employment Act arrived with little fanfare but there are points to note for the company secretary.
Albany Pumps, an international business based in Gloucestershire and with a site in Yorkshire is celebrating becoming employee owned.
We are delighted to share the news that Matthew Wrigley received the Presidents' Award at the Yorkshire Legal Awards.
Yes – says the High Court in the case of Camurat v Thurrock Borough Council (July 2014)
Following the creation of the Disclosure and Barring Service (DBS), on the merger of the Criminal Records Bureau and Independent Safeguarding Authority on 1 December 2012, the Home Office has announced that the new criminal record checking system will be free to volunteers.
For many volunteers, the very essence of voluntary work is the flexibility. It is often that freedom that allows volunteers the luxury to help out their chosen organisation in the precious time that they have to spare. Equally, and it is often remarked that, many charities and social enterprises would flounder or fail without the armies of volunteers willing to help out in those sectors.