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Equal Pay Comparability - Supermarket Workers Win Important Victory

In Asda Stores Limited v Brierley , the question before the Court of Appeal was whether or not thousands of women who worked at Asda's retail stores could compare themselves with male members of staff who worked at the company's distribution depots for...

Even Highly Offensive Workplace Banter May Not Amount to Harassment

Irreverent and foul-mouthed banter is commonplace in some working environments and does not necessarily amount to harassment or victimisation. An Employment Tribunal (ET) made that point in rejecting a compensation claim brought by a salesman who gave as...

Judges and Firefighters Triumph in Age Discrimination Test Case

To defeat a claim of direct discrimination under the Equality Act 2010 , the employer must show that the treatment complained of is in pursuit of a legitimate aim and is a proportionate means of achieving that aim. The aim must be objectively and reasonably...

Untaken Paid Holiday - Does Failure to Request Leave Result in its Loss?

The Court of Justice of the European Union (CJEU) has supported the opinion of the Advocate General that the mere fact that a worker did not apply to take annual leave cannot automatically mean the loss of the right to payment in lieu of untaken leave at the...

Deliveroo Riders Are Self-Employed, High Court Rules

The High Court has dismissed a claim by the Independent Workers' Union of Great Britain (IWGB) seeking to overturn a decision of the Central Arbitration Committee (CAC) that Deliveroo riders are self-employed, not workers within the meaning of Section 296(1)...

Individuals Personally Liable for Whistleblowing Dismissal, Court of Appeal Rules

In a landmark judgment, the Court of Appeal has confirmed that individual managers can be held personally liable for dismissal in whistleblowing claims ( Timis and Another v Osipov and Another ). The case concerned the former CEO of an oil exploration...

Employee Copyright Agreement Achieved Legitimate Aim

Many employers require their staff to sign copyright agreements by which they give up their intellectual property rights to designs or other works created in the course of their employment. In an important decision concerning a luxury leather goods...

Job Interviews and the Risks of Asking Off the Cuff Discriminatory Questions

Questions asked of job applicants at interview should be carefully considered in advance and formulated with the benefit of legal advice. In one case where that signally did not happen, a 67-year-old man who was turned down for a park attendant's job...

Court of Appeal Rules Uber Drivers Are Workers

The Court of Appeal has ruled that drivers who use online taxi company Uber's app are 'workers' within the meaning of the Employment Rights Act 1996 (ERA), rather than self-employed contractors, but has given the company permission to appeal to the...

Vicarious Liability - Impromptu Post Christmas Party Gathering

Employers can be found vicariously liable for the actions of their staff when these occur in the course of their employment, which can include during an office function, but what is the position when one employee suffers injury at the hands of another at an...
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