Case law

Whistleblowing

Tribunal case bolsters protection for potential whistleblowers

An employment tribunal last month concluded a case that could prove highly significant for potential whistleblowers.

holiday pay part year workers

Holiday pay for ‘term-time’ workers should not be pro-rated

6 Aug 2019

Holiday pay for permanent staff who only work part of the year – such as term-time workers – should be...

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Christian doctor ‘chose’ to leave his job over trans pronoun row

12 Jul 2019

Dr David Mackereth, the Christian doctor who claims he was dismissed for refusing to use transgender pronouns, chose to leave...

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Christian doctor sacked for not using preferred pronouns

10 Jul 2019

A doctor has claimed he was dismissed because his Christian beliefs prohibited him from addressing transgender benefit claimants by their...

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Tamarind restaurant (2004)

Restaurant worker unfairly dismissed after whistleblowing

25 Jun 2019

An employment tribunal has ruled that the sacking of an assistant restaurant manager after he had blown the whistle over ingredients was unfair.

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Include regular voluntary overtime in holiday pay, judge rules

10 Jun 2019

Employers must now consider any voluntary overtime that is taken regularly in holiday pay calculations

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judges are workers case surpreme court

Supreme Court to hear ‘judges are workers’ case

4 Jun 2019

A judge who is seeking a clarification in the law to recognise judges as workers will make her case at...

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Employers can enhance maternity pay and not shared parental pay

28 May 2019

The Court of Appeal has ruled that employers can enhance maternity pay, while only offering statutory shared parental pay for fathers.

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Oxford University’s retirement age not discriminatory, tribunal finds

23 May 2019

A former Oxford University academic who was forced to retire at 67 has lost his claim for unfair dismissal and...

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Proselytising Christian nurse loses second appeal against dismissal

14 May 2019

A nurse in Kent dismissed for “preaching” to patients has lost a second appeal against an employment tribunal ruling that...

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ECJ: Employers must ensure staff are not overworking

14 May 2019

The European Court of Justice has ruled that employers must take steps to make sure their staff are not exceeding...

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Holland & Barrett employee wins overtime case for opening and closing up

9 Apr 2019

Retailers whose staff work extra hours to open and close the store should ensure their employees are adequately remunerated for...

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Royal Mail driver told she should be ‘in the kitchen’ wins case

8 Apr 2019

A Royal Mail driver who was told she should be “back home and in the kitchen” has won £2,600 in...

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Redundancy when on maternity leave: a matter of communication

29 Mar 2019

HR practitioners, even some line managers, know full well that an employee at risk of redundancy when they are on...

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Suspending an employee: Avoiding a knee-jerk reaction

25 Mar 2019

An employee facing disciplinary action may be legitimately suspended from work, but there are circumstances where any such suspension may...

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