[vc_section][vc_row][vc_column][vc_custom_heading text=”Welcome to the Canter Levin & Berg Employment Solutions Blog” font_container=”tag:h2|font_size:32|text_align:left|color:%23005695|line_height:1″ google_fonts=”font_family:Roboto%3A100%2C100italic%2C300%2C300italic%2Cregular%2Citalic%2C500%2C500italic%2C700%2C700italic%2C900%2C900italic|font_style:300%20light%20regular%3A300%3Anormal” css=”.vc_custom_1569268102137{padding-top: 20px !important;padding-right: 10px !important;padding-bottom: 20px !important;padding-left: 10px !important;background-color: #eeeeee !important;}”][/vc_column][/vc_row][vc_row][vc_column]

Poundland and (not) human rights

It was difficult to miss the near ubiquitous reporting of the Court of Appeal’s decision in the case of Reilly & Anor, R (on the application of) v Secretary of State for Work and Pensions, in which it quashed the Jobseeker’s Allowance (Employment and Enterprise) Regulations 2011 SI 2011/917. Contrary to the impression given by…

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whistleblowing update

Whistleblowing has been well and truly in the news this month and on 26 February the government announced a strengthening of the protection provided to those who make disclosures. The Enterprise and Regulatory Reform Bill is to be amended to include protection for employees who suffer bullying or harassment from co-workers. At present the only…

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disciplinary sanctions – a caveat

Demotion and/or redeployment are relatively rare as potential outcomes of disciplinary procedures, not least because it would be a risky strategy to impose them without an express contractual power. Piper v Maidstone & Tunbridge NHS Trust demonstrates a pitfall for employers who do include these penalties in their disciplinary procedures. Reverend Piper was Head Chaplain…

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insufficient investigation made dismissal unfair

Employers should take care to investigate allegations of dishonesty involving breach of trust particularly carefully, suggests the Employment Appeal Tribunal in Stuart v London City Airport. Mr Stuart was one of 430 ground services employees at London City Airport who was dismissed for gross misconduct. It was alleged that he had gone to a duty…

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religion in the workplace – unsurprisingly a lack of clarity from the ECHR but some pointers for employers

Last month I reported the decision of the Employment Appeal Tribunal in the case of Celestine Mba v London Borough of Merton and, as promised, I am now returning to the issue of religious observance in the context of employment law. The decision of the European Court of Human Rights (ECHR) in the combined cases…

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new employment with the same employer or continuous employment throughout?

Welton v Deluxe Retail (t/a Madhouse) is a case concerning continuity of employment for the purposes of calculating qualifying service for statutory employment rights. Under these provisions, any week when the employee’s relations with his or her employer are “governed by a contract of employment” will count towards continuous employment. The case came about after…

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