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Philosophical Belief Discrimination

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Can an employer discriminate on grounds of philosophical belief where the employee is the only person to hold such a belief? No, held the EAT in  Gray v Mulberry . Ms Gray worked for Mulberry. She refused to sign a standard contract clause assigning...

Is an employment contract revived following a successful appeal?

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Does a successful appeal against dismissal under a contractual right of appeal 'revive' a contract, re-instating the employee, even if the contract doesn't provide for that? Yes, held the Court of Appeal in  Patel v Folkestone Nursing Home...

Harassment

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In two unusual cases, the General Court of the European Union has ruled that the European Parliament and the European Investment Bank pay compensation to employees who suffered harassment. In the  first case , a member of the European Parliament hired...

Minimum Wage: 'On Call' Sleeping In

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Are carers who sleep at a client's home, technically being 'on call', entitled to the minimum wage while they are asleep? No, held the Court of Appeal in  MenCap v Tomlinson-Blake . The  National Minimum Wage Act 1998  and...

Brexit Update

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The Government has, today, published its White Paper ' The Future Relationship between the United Kingdom and the European Union '. At paragraph 123, it proposes that there be no regression in employment laws. That means that no EU based laws...

Holiday Pay and Voluntary Overtime

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Should voluntary overtime be taken into account when calculating holiday pay? Yes, if it is paid over a sufficient period, held the EAT in  Flowers v East of England Ambulance Trust . Various members of the ambulance crews of EEAT had clauses in their...

Unfair Dismissal: Qualifying Period

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Can an employee, dismissed for gross misconduct just short of qualifying for unfair dismissal, add the week's statutory notice under s86(1) ERA to obtain the right to claim unfair dismissal? No, held the EAT in  Lancaster & Duke v Wileman ,...

Employment Appeal Tribunal Moving to Rolls Building

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The Ministry of Justice has announced that the Employment Appeal Tribunal is moving from Fleetbank House (behind Fleet Street) to the Rolls Building (on Fetter Lane).  The date for the move is not included in the  press release . What's...

AG Opinion: Collective Redundancies

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Should the phrase "undertaking controlling the employer" in the  Collective Redundancies Directive  mean only legal control, or does it include factual control? Factual control is enough, says Advocate General Sharpston in the ECJ in her...

Right to Work

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Is it fair to refuse to give a right of appeal against dismissal, where the employer has reasonably (but mistakenly) reached the conclusion that an employee has no right to work in the UK? Almost never, held the EAT in  Afzal v East London Pizza Ltd...

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