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Unlawful deduction from wages

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Were 'Bad Leaver' provisions forcing an employee to give up a shareholding a penalty or an unlawful deduction from wages? No, held the EAT in  Nosworthy v Instinctif . Miss Nosworthy was given a small (2%) shareholding in her employer as a...

Worker Status... again

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A couple of minor developments since Friday's bulletin reporting the tribunal finding that 27 National Gallery art educators were ‘workers’: 1.  the  judgment  from that case is now available. 2.  meanwhile, I have been...

Worker Status

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Can an individual who is paid a quarterly 'exclusivity' payment be an employee? Yes, held the EAT in  Exmoor Ales Ltd & Another v Herriot . The Claimant provided accountancy services for the brewery for 27 years. She submitted invoices in...

TUPE: unfair dismissal

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In a 'TUPE transfer', can a dismissal for purely 'personal' reasons, e.g. arising from a poor working relationship with a colleague, prevent a dismissal from being automatically unfair for being related to a transfer? No, held the Court of...

Disability Discrimination: 'Long Term'

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How is 'long term' to be judged for the purposes of the definition of disability? The EAT gives guidance in  Nissa v Waverly Education Foundation . Mrs Nissa was a Science Teacher. From December 2015 she suffered from symptoms of fibromyalgia....

Agency Workers

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Can an employment tribunal award compensation for a breach of the Agency Workers Regulations 2010 , and reduce the award against a particular Respondent, when it is just and equitable to do so? Yes, but only in exceptional cases, held the Court of Appeal...

Part Time Judges' Pensions

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The Ministry of Justice has issued a statement in response to the CJEU’s decision in  O’Brien v Ministry of Justice  dealing with part-time judges’ pensions. You can read the statement  here . Thanks to Sharmaine Nethercott...

Automatic Unfair Dismissal

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When claiming dismissal on grounds of assertion of an infringement of a statutory right, must there have been an actual infringement by the employer (rather than a mere intention or threat of infringement)? Yes, held the EAT in  Spaceman v ISS...

Religious Discrimination

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Was dismissing a teacher at an ultra-orthodox Jewish nursery who refused to lie about living with her boyfriend discrimination on the grounds of religion or belief? No, held the EAT in  Gan Menachem v de Groen . Ms De Groen was a Jewish teacher at an...

Interim Injunction

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Did a former employee's duty of confidentiality outweigh the public interest in the publication of information on the employer's current culture and the position of women in the workplace? Yes, held the High Court, in the case of  Linklaters...

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