Employment Law

Not in the course of employment

  Labour & European Law Review Weekly Issue 638 18 September 2019 Although posting an offensive image on Facebook could constitute an act done “in the course of employment”, the Employment Appeal Tribunal (EAT) held in Forbes v LHR Airport Ltd that when an image is posted on the employee’s own computer at home, did […]

Constructive knowledge

Constructive knowledge Labour & European Law Review Weekly Issue 632 07 August 2019 Even if they do not have actual knowledge that an employee has a disability, employers can be held to have constructive knowledge of one. In Kelly v Royal Mail Group Ltd, the Employment Appeal Tribunal (EAT) held that the employer could not […]

NORMAL REMUNERATION case regarding Overtime

Labour & European Law Review Weekly Issue 632 07 August 2019 It is well established in law that workers are entitled to be paid “normal remuneration” when their holiday pay is calculated. In Flowers and ors v East of England Ambulance Trust, the Court of Appeal held that holiday pay should also include voluntary overtime […]

Recent useful Employment Tribunal cases

Here are some recent useful Employment Tribunal cases (June 2019) Analyst with autism wins discrimination claim after being ‘overwhelmed’ by office environment A senior analyst on the autism spectrum has won a claim for indirect disability discrimination after his employer failed to make reasonable adjustments for his condition. Tom Sherbourne worked at energy supplier npower […]

Normal remuneration

Labour & European Law Review Weekly Issue 588 19 September 2018 It is well established in law that workers are entitled to be paid “normal remuneration” when their holiday pay is being calculated. In Flowers and ors v East of England Ambulance Trust, the Employment Appeal Tribunal (EAT) held that holiday pay should also include […]

Receipt of Notice

Although an employment contract has to state the length of notice of termination, it does not have to state how notice should be given. In Newcastle upon Tyne NHS Foundation Trust v Haywood, the Supreme Court held that, as employers and employees need to know whether and when employment had come to an end, receipt […]

Pay Progression – Deemed Acceptance

Labour & European Law Review Weekly Issue 578 11 July 2018 Although it is not always easy for courts to know when to infer acceptance by an employee of a change to their terms and conditions, the Court of Appeal held in Abrahall and ors v Nottingham City Council and anor that if there is […]