In the case of MPT Group Ltd v Peel and others [2017] EWHC 1222 (Ch), the High Court was asked to decide whether employees were under a duty to disclose their intention to compete to their employer. The facts of the case were that Mr Peel and Mr Birtwistle were employed by MPT Group Ltd…
In the recent case of Government Legal Services v Brookes UKEAT/0302/16, the Employment Appeals Tribunal (EAT) upheld the decision of the Employment Tribunal (ET) that requiring a job applicant with Asperger’s to take a multiple-choice test as part of the recruitment process, amounted to indirect discrimination. Background The facts of the case were that the Government Legal…
The Employment Appeal Tribunal (EAT) has recently considered this question, more specifically whether workers are entitled to the national minimum wage when ‘on-call’ (or sleeping!) at work. In the case of Focus Care Agency v Roberts, along with two other cases heard at the same time (Frudd v The Partington Group Ltd and Royal Mencap Society…
On 6th December 2016, the Government published the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017, which will require large private sector businesses to publish gender-based pay statistics each year. These Regulations are likely to come into force (subject to parliamentary approval) on 6th April 2017, and will essentially require employers with 250 or…
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…
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…
One of the most common issues encountered by employers today is whether emails sent by employees are able to be used in disciplinary proceedings against them. Are they the private property of the employee or can an employer use them as evidence if they have an effect on their employees/the workplace? In the case of…
I hope that you like our entirely redesigned site and that you are finding it easy to use. We want to make sure that you are getting what you want so let me know if you encounter any problems or have any criticisms or suggestions for improvements by commenting on this post or emailing martinmalone@canter-law.co.uk.…
We’re launching our completely redesigned site this weekend so you may not be able to use your usual links. It will all be sorted by Monday morning at the latest. If you have any urgent enquiries, please don’t hesitate to contact me at any time on 07766 421869. Martin Malone