Employment Disputes

/Employment Disputes

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 | 2018-10-26T19:09:54+00:00 October 26th, 2018|Employment Disputes, Personal Injury, Student Case Blogs|

Understanding The Basics of Employment Law: Part 6 – Contracts of Employment

In this 7-part series of blog posts, we explore the basics of employment law to help offer advice to managers and business owners.  Here is part 6: Contracts of Employment The contract of employment is the contract between an employer and employee to carry work of a particular kind for [...]

By | 2018-08-20T13:02:13+00:00 August 19th, 2018|Employment Disputes|

Understanding The Basics of Employment Law: Part 4 – Discrimination

In this 7-part series of blog posts, we explore the basics of employment law to help offer advice to managers and business owners.  Here is part 4: Discrimination The Equality Act 2010 named 9 Protected Characteristics that it is unlawful to discriminate against. These are: age disability gender reassignment race [...]

By | 2018-08-20T13:02:39+00:00 August 17th, 2018|Employment Disputes|

Understanding The Basics of Employment Law: Part 3 – ACAS

In this 7-part series of blog posts, we explore the basics of employment law to help offer advice to managers and business owners.  Here is part 3: ACAS ACAS is the Advisory, Conciliation and Arbitration Service. It is a Crown non-departmental government body. Its history goes back to 1894 but [...]

By | 2018-08-20T13:02:47+00:00 August 16th, 2018|Employment Disputes|

Understanding The Basics of Employment Law: Part 2 – Employment Tribunals

In this 7-part series of blog posts, we explore the basics of employment law to help offer advice to managers and business owners.  Here is part 2: Employment Tribunals Employment Tribunals are courts where employment disputes are heard and settled. They were originally set up to be informal in nature [...]

By | 2018-09-11T15:41:59+00:00 August 15th, 2018|Employment Disputes|