How (not) to communicate a dismissal

Can a dismissal be implied by the failure of an agency employer to find work for an employee? This was a question considered by the Employment Appeal Tribunal (EAT) in the recent case of Sandle v Adecco. The EAT concluded that in order to prove there had been a dismissal, an employer’s unequivocal intention to dismiss must have…

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Comparators in Equal Pay claims

In the recent case of Brierly and ors v Asda Stores Ltd, a Tribunal has ruled that Asda store workers are able to compare themselves to distribution depot workers for equal pay purposes. The facts of this case are that a group of (mainly female) Asda employees who were employed on an ‘hourly rate’ basis,…

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Judgment published in “gay cake” appeal

In May 2015 I reported the decision of District Judge Brownlie, sitting in the Northern Ireland County Court in Lee v Ashers Baking Co Ltd and others, otherwise known as the “gay cake case”. I pointed out at the time that the District Judge was given a very tough call in essentially being asked to…

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Taking recruitment a step too far!

Recruitment firm ‘Matching Models’ has recently come under fire for posting a job advertisement requesting that applicants are ‘attractive women’ only and have even specified what bra size the successful applicant should be. The advertisement in question specified that applicants for a PA position should have “a classic look, brown long hair with b-c cup”. It went…

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Employment law changes – October 2016

April is not the only month when legislative changes are introduced – employers and employees should be aware of the following changes, which were implemented on 1st October 2016: National Minimum Wage– the standard adult rate for workers aged 21 and over increased to £6.95, the development rate for those aged 18-20 to £5.55, the young…

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It’s not enough to have fair procedures: they must be applied fairly

In Buchanan v Commissioner of Police of the Metropolis the Employment Appeal Tribunal considered the case of a serving police officer who was disabled as the result of a serious motor bike accident while on duty (the bike’s brakes failed). The accident happened in late 2012 when he was responding to an emergency call. Following the accident he…

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ACAS early conciliation certificate can relate to a claim where the claimant resigned after the certificate was issued

Many employers will by now be familiar with the ACAS Early Conciliation (EC) process which was initially introduced in April 2014.  The concept of Early Conciliation is that ACAS will attempt to resolve any potential claim before it is formally submitted to an Employment Tribunal – indeed it is now the case that claims must…

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Anti-abuse charity employee awarded £90,000 for “calculated and premeditated” harassment

Roshni is the Urdu word for “light”. In June 2002 millionaire Ali Khan founded the charity of that name which is based in Glasgow. Its stated objectives are: “The advancement of education; the advancement of citizenship or community development; the relief of those in need by reason of age, ill health, disability, financial hardship or…

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Definition of a ‘worker’ in whistleblowing cases

Further to Susan Stafford’s article earlier this month in respect of whistleblowing, in the recent case of McTigue v University Hospital Bristol NHS Foundation Trust, the Employment Appeal Tribunal (EAT) has provided clarification regarding when an agency worker can claim protection for whistleblowing against an end user using the extended definition of a workers under…

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Brexit – what does this mean for EU Nationals currently residing in the UK?

Following on from my article last month covering the potential impact of Brexit on UK Employment Law, the debate goes on as to the possible implications for workers. So – what happens to the roughly 3.6 million EU Nationals living and working in the UK going forwards? Prior to the Referendum, the Vote Leave campaign assured…

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