An employment tribunal has found a cabin crew manager with Flybe was subject to indirect sexual discrimination when the employer refused to negotiate on working hours following the birth of her child. … Read More
Unenforcable Restrictive Covenants
Bartholomews Agri Food Ltd v Thornton [2016] EWHC 648 (QB)
The High Court has reaffirmed that restrictive covenants are unenforceable if they are wider than reasonably necessary to protect legitimate business interests.… Read More
Disability Discrimination Due to the Effects of Dyslexia
An Employment Tribunal has found that an employer discriminated against their employee by not taking their dyslexia into account during their disciplinary process.
Kumulchew v Starbucks provides an illustration of how failing to consider disabilities in the working environment may result in disability discrimination claims. … Read More
The EAT provides further clarity on Early Conciliation.
The Employment Appeal Tribunal has provided clarity on the requirements for Early Conciliation and the discretion available to an Employment Tribunal under its general case management powers.… Read More
Does the latest ruling from the ECHR give licence to snoop on employees?
The European Court of Human Rights has ruled that a Romanian employer did not breach an employee’s Article 8 right to respect for private and family life when monitoring their private communications.… Read More
The Accrual of Annual Leave While Absent Due to Sickness.
The Employment Appeal Tribunal provides another piece of the jigsaw in relation to an employees entitlement to annual leave. Successive governments have avoided providing clarity through the statutes to annual leave accrual and payment and judges have been left to provide what clarity there is through developing case law.… Read More
Is it time to limit maternity pay?
It has been an interesting week that has seen an apparent U-turn in the Chancellor’s plans to cut tax credits, but plans remain to control spending on benefits. However, since the introduction of statutory maternity pay in its current form, billions of pounds have been paid by the tax payer in statutory maternity pay linked directly to the bonus payments of bankers.… Read More
What is a Disability?
In the United Kingdom, the general question of what constitutes a disability is extremely subjective and although the protection afforded by the Equality Act 2010 only applies to those with disabilities falling within the specific definition contained in that Act, there are other public definitions and requirements which are used to determine eligibility for such things as financial allowances or participation in mobility schemes. … Read More
Developing the UK’s Disability Legislation.
This is the first of a series of articles on disability related employment legislation. In this article I look at the background, history and sources of disability legislation in the United Kingdom.… Read More
Why would Eva Carneiro take the “Special One” to court rather than Chelsea?
With reports that Eva Carneiro has initiated separate legal actions against both Chelsea and Jose Mourinho relating to her departure from the Premiership football club, why would an individual take an individual to court rather than an employer?… Read More