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Supreme Court Appointments

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The new President of the Supreme Court has been announced, along with the appointment of three new Supreme Court Justices. Lord (Robert) Reed will take over as President in January 2020, replacing Baroness Hale who retires after slightly over two years as...

Agency Workers

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Was an agency worker entitled to be offered the same number of hours of work as those performed by a permanent employee? No, held the Court of Appeal in  Kocur v Angard Staffing Solutions Limited . The Agency Workers Regulations 2010  entitle an...

Restricted Reporting Orders

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Does the EAT have jurisdiction to make a restricted reporting order beyond the date that judgment is handed down by the EAT? Yes, held the EAT in  A & B v X & Y & Times Newspapers Limited . Times Newspapers applied to set aside a...

Witness Orders

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Can a tribunal seek representations from a Respondent employer before deciding to grant an applicant's request for a witness order? Yes, held the EAT in  Christie v Paul, Weiss, Rifkind, Wharton & Garrisson LLP . The Claimant, in pursuing...

Acas 2018/2019 Annual Report

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Acas has just published its  2018-19 Annual Report , which highlights the consistently high demand for their early conciliation services. Following the  Unison  decision abolishing tribunal fees in July 2017, the demand for the early...

Employer Counterclaims

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Can an employer's counterclaim continue even if the employee has withdrawn their breach of contract claim? Yes, held the EAT, in  Cortel Telecom Ltd v Shah . The Claimant (a sales consultant) brought a number of claims following his dismissal,...

TUPE: Keeping Minimum Wage Records

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Does the obligation to keep and therefore produce wage records for transferring employees remain with the transferor in a TUPE transfer? No, held the EAT in  Mears Homecare Limited v Bradburn and others . Section 9 of the  National Minimum Wage...

Employees who covertly record Meetings

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Is it misconduct for an employee to make a covert recording at work? Yes, except in the most pressing of circumstances, held the EAT in  Phoenix House v Stockman . The Claimant disclosed, during her successful unfair dismissal claim, a covert...

Reasonable Adjustments: Constructive Knowledge of Disability

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Did a Respondent have constructive knowledge of disability in circumstances where the Claimant had not been forthcoming about her disability? No, not on the facts in this case, held the EAT in A Ltd v Z . The Claimant, who the parties agreed was...

Social Media

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Was the posting of an offensive image on Facebook carried out 'in the course of employment'? No, held the EAT, in  Forbes v LHR Airport Limited . The Claimant was a security officer. A colleague, DS, posted a discriminatory image of a golliwog...

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