Employment Disputes

/Employment Disputes

Can You Bring A Personal Injury Claim In An Employment Tribunal Claim?

In short, the answer is yes! It is possible to bring a personal injury claim in an Employment Tribunal claim. However, it is only in certain circumstances that this is the case. It is possible to claim compensation for personal injury suffered in an Employment Tribunal if the claim is [...]

By | 2019-01-17T10:33:52+00:00 January 13th, 2019|Employment Disputes|

Student Lawyer Blog: Can agency workers make whistleblowing claims?

Case: McTigue v University Hospital Bristol NHS Foundation Trust UKEAT/0354/15 A whistleblower is defined as an individual who raises concerns about misconduct or wrongdoing within an organisation. Whistleblowers are afforded a certain amount of protection and can make claims to an Employment Tribunal after being dismissed or victimised following a [...]

By | 2018-11-30T10:05:52+00:00 November 27th, 2018|Employment Disputes, Student Case Blogs|

Increased violence against NHS staff – New measures announced in clampdown

Recent figures have shown violence against NHS staff has reached its highest level in five years. Last year, an astonishing one in seven health professionals were attacked in the course of their work. However, action is being taken.  In this regard, new measures to provide protection to NHS staff will [...]

By | 2018-11-28T14:50:25+00:00 November 26th, 2018|Assaulted at Work, Employment Disputes|

Vicarious liability – Can an employer be held to be legally responsible for the violent conduct of an employee after an office Christmas party?

Case: Bellman -v- Northampton Recruitment Limited [2018] EWCA Civ 2214 Why is the case important? The Court of Appeal decided that an employer was vicariously liable for the costs of providing care to one of its employees who suffered life changing injuries after he was punched by the Managing Director [...]

By | 2018-11-14T14:22:34+00:00 November 14th, 2018|Employment Disputes, Personal Injury|

Are There Forms of Modern Slavery Within Businesses in the United Kingdom?

Galdikas and Others v DJ Houghton Catching Services Ltd and Others [2016] EWHC 1376 (QB Modern Slavery in the UK Modern slavery is estimated to be a £120 billion industry worldwide and affects roughly 40.3 million men, women and children – according to the 2018 statistics by the Global Slavery [...]

By | 2018-11-07T10:24:46+00:00 November 7th, 2018|Employment Disputes|

Can’t work following a medical mistake? Your rights as an employee

Falling victim to a medical mistake, or any kind of clinical negligence, often leads to consequences beyond the injury alone. Injuries may affect many different parts of your life, and your ability to work – to earn a living – is one of the most important. Time away from work [...]

By | 2018-11-06T11:32:38+00:00 November 6th, 2018|Employment Disputes|

Dismissal by reason of misconduct

The Burchell test Case:  British Home Stores -v- Burchell [1978] IRLR 379 After 40 years, this is still one of the key decisions in unfair dismissal cases when considering a dismissal arising from misconduct. Why is the case so important? The Employment Appeal Tribunal outlined several factors that should be [...]

By | 2018-11-05T10:50:08+00:00 November 5th, 2018|Employment Disputes|

Unfair Dismissal Claims: “Polkey deduction” or “No difference rule”

Reviewing the case of Polkey -v – AE Dayton Services Limited [1987] IRLR 503 In an Employment Tribunal claim, a “Polkey deduction” is something that is capable of reducing your compensatory award in an Unfair Dismissal claim.  We have provided an introduction to this which may be accessed by clicking [...]

By | 2018-11-01T10:28:07+00:00 November 1st, 2018|Employment Disputes|

Discrimination Claims – Was calling an employee a “fat ginger pikey” banter or harassment?

Case: Evans- v-Xactly Corporation Limited  UKEATPA/0128/18 & 129/19/LA What is banter? Banter may be defined as “the playful and friendly exchange of teasing remarks” or to “exchange remarks in a good-humoured teasing way”.  It is commonplace in many workplaces.  In fact, it may also be deemed to be acceptable in [...]

By | 2018-10-31T15:38:27+00:00 October 30th, 2018|Employment Disputes|

Is a Partner in a Law Firm to be a ‘Worker’ within the meaning of the Employment Rights Act 1996?

Clyde & Co LLP and another v Bates van Winkelhof The General Issues: What is the Importance of being a ‘worker’? The legal status, and rights therein, afforded to ‘workers’ is far more beneficial than that given to others, except for ‘employees’. This is why, in 2017, Deliveroo riders opposed [...]

By | 2018-11-21T11:19:48+00:00 October 26th, 2018|Employment Disputes, Personal Injury, Student Case Blogs|