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Articles

A CHRISTMAS DILEMMA

Money troubles can be exacerbated with Christmas presents to buy and hospitality to fund. This is doubly difficult if in a relationship one party is a spender and the other a saver. Time together might also lead you to conclude that time apart might be…

JolliffesDecember 13, 2019

Articles

WHEN DOES MAKING A COVERT RECORDING AMOUNT TO MISCONDUCT?

In the Employment Appeal Tribunal (EAT) case of Phoenix House v Stockman, the Claimant had disclosed a covert recording made during her employment as evidence in her unfair dismissal claim. The employer believed that her compensation should be reduced to reflect her conduct in making…

JolliffesAugust 1, 2019

Articles

INCREASED POTENTIAL FOR POST-TERMINATION RESTRICTIONS TO BE ENFORCEABLE

In the first Supreme Court restrictive covenant case in 100 years, the Supreme Court has overturned the decision that a restrictive covenant under which a senior employee agreed not to ‘directly or indirectly engage or be concerned or interested in’ any competing business for six…

JolliffesAugust 1, 2019

Articles

WHEN IS POSTING ON SOCIAL MEDIA DONE ‘IN THE COURSE OF EMPLOYMENT’?

In Forbes v LHR Airport Limited, the Employment Appeal Tribunal (‘EAT’) has held that an employer was not liable for harassment under the Equality Act 2010 when an employee posted a racially offensive image on Facebook and shared it with a colleague. Mr Forbes was…

JolliffesAugust 1, 2019

Articles

RECENT HOLIDAY PAY DECISIONS

Two further holiday pay decisions offer clarification on the holiday pay saga. Voluntary overtime In Flowers v East of England Ambulance Trust, the Court of Appeal (‘CA’) held that voluntary overtime should be taken into account when calculating holiday pay if it is sufficiently regular…

JolliffesAugust 1, 2019

Articles

JUSTIFICATION OF AN EMPLOYER’S RULE SHOULD NOT BE LIMITED TO THE IMPACT ON AN INDIVIDUAL

In The City of Oxford Bus Services Limited t/a Oxford Bus Company v Harvey, the Employment Appeal Tribunal (‘EAT’) held that when considering if a rule is justified, a tribunal should take into account the general application of the rule, rather than how it is…

JolliffesJune 4, 2019

Articles

SUCCESSFUL DISCRIMINATION CLAIM WHERE KNOWLEDGE OF A DISABILITY AROSE FOLLOWING DISMISSAL

In Baldeh v Churches Housing Association, the Employment Appeal Tribunal (‘EAT’) held that a tribunal had failed to consider whether the employer had known of a Claimant’s disability when it rejected her appeal. Mrs Baldeh was dismissed at the end of a six-month probationary period…

JolliffesJune 4, 2019

Articles

TREATMENT OF GAY HEAD TEACHER AMOUNTED TO CONSTRUCTIVE UNFAIR DISMISSAL AND SEXUAL ORIENTATION DISCRIMINATION

In Tywyn Primary School v Aplin, the Employment Appeal Tribunal (‘EAT’) has upheld the employment tribunal’s decision that the treatment of a gay Head Teacher amounted to constructive unfair dismissal and sexual orientation. Mr Aplin was an openly gay Head Teacher. He met two 17…

JolliffesJune 4, 2019

Articles

DOES DISCIPLINARY ACTION NEED TO BE POSTPONED PENDING A POLICE INVESTIGATION?

Employers are frequently unsure about how to handle a disciplinary process where there is a related police investigation. The Court of Appeal (‘CA’) case of North West Anglia NHS Foundation Trust v Gregg affirms the current position that, in almost all circumstances, it is not…

JolliffesJune 1, 2019

Articles

DECISIONS ABOUT YOUR FUTURE CARE IF YOU ARE UNABLE TO MAKE DECISIONS YOURSELF

How would you or others on your behalf manage your financial affairs or make decisions about your future care if you were unable to make decisions yourself? One option is to appoint an attorney to act for you by a Lasting Power of Attorney (LPA).…

JolliffesMarch 14, 2019

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Articles

A CHRISTMAS DILEMMA

WHEN DOES MAKING A COVERT RECORDING AMOUNT TO MISCONDUCT?

INCREASED POTENTIAL FOR POST-TERMINATION RESTRICTIONS TO BE ENFORCEABLE

WHEN IS POSTING ON SOCIAL MEDIA DONE ‘IN THE COURSE OF EMPLOYMENT’?

RECENT HOLIDAY PAY DECISIONS

JUSTIFICATION OF AN EMPLOYER’S RULE SHOULD NOT BE LIMITED TO THE IMPACT ON AN INDIVIDUAL

SUCCESSFUL DISCRIMINATION CLAIM WHERE KNOWLEDGE OF A DISABILITY AROSE FOLLOWING DISMISSAL

TREATMENT OF GAY HEAD TEACHER AMOUNTED TO CONSTRUCTIVE UNFAIR DISMISSAL AND SEXUAL ORIENTATION DISCRIMINATION

DOES DISCIPLINARY ACTION NEED TO BE POSTPONED PENDING A POLICE INVESTIGATION?

DECISIONS ABOUT YOUR FUTURE CARE IF YOU ARE UNABLE TO MAKE DECISIONS YOURSELF

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