WorkLife entries posted during May 2014

Indirect discrimination: no need for claimants to show why they are disadvantaged

Indirect discrimination: no need for claimants to show why they are disadvantaged

In Essop and others v Home Office (UK Border Agency) the EAT found that there is no requirement for a claimant who has alleged indirect discrimination to show why he or she, in particular, was disadvantaged by the employer's practices.

Top 10 Social Media Do's and Don'ts

Top 10 Social Media Do's and Don'ts

At a recent lunch we discussed how social media is creating issues, as well as opportunities, in the workplace.  Here are some do's and don'ts for all social media savvy employers.

Constructive dismissal: affirmation of contract

Constructive dismissal: affirmation of contract

The question of how an employee responds to an alleged repudiatory breach of contract by the employer has long been the subject of judicial scrutiny. The background position, of course, is set out in the Employment Rights Act (ERA) - s 95(1)(c) provides that an employee is constructively dismissed where they terminate their contract “(with or without notice) in circumstances where they are entitled to terminate it without notice by reason of the employer’s conduct”.  Basically, this means whe...

Holiday Pay update

Holiday Pay update

The European Court of Justice handed down its judgment earlier today in the case of Lock v British Gas Trading Limited .  Affirming the Advocate General's opinion, it concluded that where a worker is paid commission which is calculated on the basis of the sales that they make, that commission should also be included in the calculation of their holiday pay.  The key reasoning behind the judgment is to ensure that workers are not discouraged from taking their annual leave entitlement for...

1 2 3 4 5 Next »