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Holiday Pay: The Latest Instalment

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Was the employment tribunal right to consider itself bound by the earlier EAT decision in Bear Scotland that a break of more than three months between non-payment or underpayment of wages breaks the series of deductions? Yes, held the EAT in Fulton...

Discrimination: Adjustments for Candidate

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Was a job applicant with Asperger's Syndrome discriminated against by being required to sit a psychometric test? Yes, held the EAT in The Government Legal Service v Brookes . The Government Legal Service (GLS) was recruiting lawyers in what the...

Definition of Worker

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Can a junior doctor come within the extended definition of ‘worker’ for whistleblowing purposes, even if he already falls within the scope of the traditional definition of ‘worker’ because he is employed by an NHS Trust?  ...

Compulsory Union Recognition: Fragmentation of Bargaining Units

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Should single small units of an employer's workforce not be subject to compulsory trade union recognition given the statutory requirement to consider the desirability of avoiding small fragmented bargaining units? No, held the Court of Appeal, in ...

Working Time: Sleeping At Work

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Are workers entitled to the national minimum wage when 'on-call', or sleeping, at work?  In a comprehensive decision, the EAT decides 'it depends'. In three cases heard at the same time (with the lead case being Focus Care Agency v...

Unlawful Contracts

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If someone is employed by the government in breach of the statutory provisions governing Civil Service recruitment, is the contract of employment void for illegality? Yes, held the EAT in SoS for Justice v Betts and others , upholding the Justice...

Redundancy - Competing for New Roles

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Is the application of the s.98(4) test modified in the case of redundancy dismissals where employees must compete for newly-created posts following a restructure? No, held the EAT in Green v London Borough of Barking & Dagenham . The Claimant had...

Some Other Substantial Reason Dismissal

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Is there a particularly high threshold for an employer dismissing an employee because of a 'substantial reason'? No, held the EAT in Ssekisonge v Barts Health NHS Trust , rejecting the Claimant's appeal against a finding that her...

Supreme Court: Indirect Discrimination

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To succeed with an indirect discrimination claim, is it necessary to establish the reason for the particular disadvantage to which a group is put, compared to another? No, held the Supreme Court in the decisions of Essop and others v Home Office (UK...

Acas Early Conciliation

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If Acas issues a second early conciliation certificate in respect of the same matter, does this extend the time for making a claim? No, held the EAT in HMRC v Garau . Mr Garau was given notice of termination of his employment by HMRC on 1 October...

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