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Zero Hours Contracts - Legal Protections Are Not All One Way!

The debate about zero hours contracts has very much focused on the perceived lack of protection they provide to workers. However, as a case concerning a student who worked part time in a restaurant shows, they do not necessarily work in the employer's favour...

Unfair Dismissal - What is the Legal Effect of a Successful Internal Appeal?

If an employee is dismissed but that decision is subsequently overturned following an internal appeal, does the latter decision wipe out the effect of the former? The Court of Appeal tackled that issue in a guideline decision ( Patel v Folkestone Nursing...

Risk Assessments for Breastfeeding Mothers

EU Directive 92/85/EEC is aimed at protecting the health and safety of women in the workplace who are pregnant, have recently given birth or are still breastfeeding. Under UK law as it currently stands, an employer need only undertake a risk assessment...

University Lecturer Strikes Important Blow for Part-time Workers

In Roddis v Sheffield Hallam University , the Employment Appeal Tribunal (EAT) held that the fact that the claimant was employed under a zero-hours contract did not mean that his contract could not be compared with that of a colleague who worked full time...

Central Arbitration Committee Can Hear Claims Against Acas

The EU Information and Consultation Directive 2002 established minimum requirements for companies with more than 50 employees for consulting and informing them on a wide variety of subjects. The Information and Consultation of Employees Regulations 2004 ...

The 'Final Straw' and Constructive Dismissal

It is an implied term of any contract of employment that an employer should not act in a way that is likely to destroy or seriously damage the trust and confidence which an employee can expect from them. A serious breach of an implied contractual term or...

Dealing With Employee References

Contrary to popular belief, except in certain sectors (e.g. education and financial services), employers are not legally obliged to provide those who leave their employment with a reference unless they have given express agreement to do so. Where a reference...

Disability Discrimination - An Expectation to Work Long Hours

In United First Partners Research v Carreras , an employee who had returned to work after he was injured in a cycling accident claimed that a 'requirement' that he work long hours constituted a provision, criterion or practice (PCP) for the purposes of...

Workplace Whistleblowing Protection

The Public Interest Disclosure Act 1998 – often referred to as the 'Whistleblowing' Act – gives workers legal protection when disclosing information relating to crimes, breaches of legal obligations, miscarriages of justice, dangers to health...

Supreme Court Rejects Pimlico Plumbers' Appeal in Employment Status Case

There have been a number of recent cases looking at the precise nature of the employment status of those working for employers who like their operatives to appear to clients as their representatives but who operate a model of self-employment. One such 'gig...
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