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Employer Did Not Have Constructive Knowledge of Disability
Under Section 15(2) of the Equality Act 2010, an employer has a defence to a claim of disability…
HGV Driver’s Resignation Defeats Unfair Dismissal Claim
An HGV driver’s unfair dismissal claim has been rejected after the Employment Tribunal (ET) found that his employment…
Directors Not Personally Liable for Trade Mark Infringement
In a recent intellectual property case with wider implications in terms of directors’ liability, the Supreme Court ruled…
Acas Updates Code of Practice on Flexible Working
Following recent changes to the law and a consultation last year, the Advisory, Conciliation and Arbitration Service (Acas)…
ET Should Have Considered Redeployment as Alternative to Dismissal
There are times when it is incumbent on an Employment Tribunal (ET) to consider a point of its…
Settlement of Proceedings Does Not Prevent Second Adjudication
When attempting to resolve a dispute, careful drafting of any agreement is essential to protect your position in…
Coastguard Volunteer a ‘Worker’ When Performing Paid Activities
A person who performs a voluntary role may nonetheless meet the definition of a ‘worker’ under Section 230(3)…
Changes to Tipping Laws Delayed Until October
The Employment (Allocation of Tips) Act 2023, which amends the Employment Rights Act 1996, was previously scheduled to…
Breach of Warranty Claim Can Go to Trial
After a company has been purchased, any allegations that the seller is in breach of warranties given to…
Supreme Court Rules on Strike Action Protections
The Supreme Court has handed down its decision in a long-running case concerning whether protections against detriments short…
Changes to Tipping Laws Imminent
The Employment (Allocation of Tips) Act 2023 comes into effect on 1 July 2024. The Act, which amends…
Equal Pay Claims – EAT Reconsiders Material Factor Defence
An employer will be able to defeat an equal pay claim under the Equality Act 2010 if it…
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