Unfair dismissal
EAT confirms “unofficial” work prior to formal start date may not count towards a period of continuous employment
It is well known that employees have the right under the Employment Rights Act 1996 (ERA) not to be unfairly […]
Government announces increase in maximum weekly pay and compensatory award
What does “return to work” mean in the context of long-term disability benefits?
This was the question for the Court of Appeal in the case of ICTS (UK) Ltd v. Visram [2020] EWCA Civ 202. Mr Visram had been employed by American Airlines before his employment transferred to ICTS. His contract of employment included long-term disability benefits. The benefits were set out in a booklet, which stated that the payments would continue until the earlier date of "your return to work, death or retirement".
Investigations: getting the balance right
We are reminded by a recent decision of the Employment Appeal Tribunal (EAT) that the purpose of an investigation should […]
Employment Tribunal entitled to re-label decision to dismiss
In a recent Scottish case, the Court of Session has held that an Employment Tribunal (ET) was entitled to re-label […]
Covert recordings: "For the times they are a-changing"
Almost everyone carries around with them a recording device nowadays, in the form of a smartphone or wearable technology. Where […]
Magistrate who said same-sex adoption not in best interests of a child loses discrimination claims
A Christian magistrate who publicly disapproved of same-sex adoption has lost his claim for religious discrimination and victimisation. Mr Page […]
Manifesting one's beliefs vs inappropriately proselytising them – where is the line?
In Kuteh v. Dartford and Gravesham NHS Trust [2019] EWCA Civ 818 the Court of Appeal was asked to consider […]
Failure to offer appeal hearing amounts to unfair dismissal according to EAT
The appellant in the recent case of Radia v Jeffries International Limited, Mr Radia, was a Managing Director of a […]
Is it safe to dismiss an employee who is receiving long-term disability benefits?
The EAT has dealt a blow to employers, confirming that the purpose of permanent health insurance and similar schemes would […]
Disciplinary investigations: Common sense and even-handedness should prevail
In the recent Employment Tribunal (ET) case of Ball v. First Essex Bus Limited, the claimant, a 60-year-old bus driver […]