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Deductions from Wages Pursuant to Court Order Not Unlawful

An Employment Tribunal (ET) has confirmed that a construction company which made deductions from an employee's wages in accordance with a court order did not do so unlawfully ( Rainford v Stepnell Ltd ). The employee was the subject of an attachment of...

EAT Overturns Indirect Disability Discrimination Finding

Employment Tribunals (ETs) have a duty to give sufficient reasons for their decisions so that the parties to a claim can understand why they won or lost. In a recent case, the Employment Appeal Tribunal (EAT) overturned a finding of indirect disability...

Locum Consultant Not Entitled to Permanent Contract

Under Regulation 8 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 , employees who have worked continuously for four years or more under a series of fixed-term contracts automatically become permanent employees unless...

Poultry Workers Not Entitled to NMW for Travel to Farms

The Employment Appeal Tribunal (EAT) has ruled that poultry workers were not 'working' while travelling from their homes to farms where they carried out their duties and back again, and were not entitled to be paid the National Minimum Wage (NMW) for the...

Decision-Maker's Knowledge is Key in Whistleblowing Claim

Where an employee who has made a protected disclosure is dismissed, can the dismissal be unfair if the decision-maker is merely aware that the employee has made a disclosure, or is some understanding of the details of the disclosure required? That question...

Proposed Changes to Employment Law Outlined

As part of the legislative programme set out in the King's Speech, the government has outlined changes to be included in the Employment Rights Bill, which is set to be introduced within the first 100 days of the new parliament. Proposed changes include: ...

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 discrimination if it can show that it did not know, and could not reasonably have been expected to know, that the claimant had the disability in question. The...

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 contract had already been brought to an end by his resignation ( White v Eddis Transport (Consett) Ltd ). After he was observed to have...

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) has updated its statutory Code of Practice on requests for flexible working, replacing the previous version published in June 2014. ...

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 own accord if the parties in the case have not raised it. In a recent case, a postal worker successfully argued before the Employment Appeal Tribunal (EAT) that...
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