Publications

The Court of Appeal has held in the case of Kocur v Angard Staffing Solutions Limited and others that regulation 13(1) of the Agency Workers Regulations (the Regulations) goes no further than conferring a right on an agency worker to be notified of relevant vacant posts.

The High Court held in Nissan v Passi that a whistleblower is not entitled to remove confidential legal documents from their employer for the purpose of taking legal advice.

The Employment Appeal Tribunal in the case of Citizens Advice Merton and Lambeth Ltd v Mefful have recently found that it was wrong for a tribunal to consider events after a decision to dismiss had been taken, when considering a claim of unfair dismissal.

The Court of Appeal in the case of Smith v Pimlico Plumbers Ltd has held that a worker can carry over leave that has been taken, but not paid.

In Hope v British Medical Association, the Employment Appeal Tribunal has held that a dismissal on the grounds of gross misconduct relating to the raising of multiple vexatious grievances was fair.

The Employment Appeal Tribunal (EAT) recently upheld an Employment Tribunal (ET) decision that an employee who made controversial remarks on Zionism was unfairly dismissed.

The EAT has recently held in Bennett v MiTAC Europe Limited that an employee with cancer will be disabled under the Equality Act 2010 from the date on which they fell ill, and not from the date on which the cancer was diagnosed.

Returning to work: a requirement to work full time from the office may be discriminatory against those with caring responsibilities.

The Employment Appeal Tribunal (EAT) has upheld a Tribunal judgment that a whistleblower who was dismissed for criticising a colleague was not automatically unfairly dismissed.

In the case of Gwynedd Council v Barratt, the UK Court of Appeal has ruled that the refusal by the employer to allow an employee the right to an appeal against their dismissal by reason of redundancy, was a relevant factor in determining whether the dismissal was unfair or not; however, it would not make the dismissal inevitably unfair.

The High Court has ruled that the personal injury case of Farnham-Oliver v RM Educational Resources Ltd was able to proceed, despite the parties having entered into a Settlement Agreement to settle the same matter arising in an Employment Tribunal claim brought five years previously.

The Employment Appeal Tribunal (EAT) has upheld a tribunal’s decision that a prison officer should be compensated for career long loss resulting from discrimination and harassment he suffered because of his sexual orientation.