An employer may be vicariously liable for an employee’s posts on social media
Written by Brabners LLP In a society where social media is more pervasive than ever and with a range of online platforms at our fingertips, the potential exposure for employers is significant if such platforms are used in the wrong way by employees. Employers risk reputational damage by being associated with offensive material, as well…
Court of Appeal case confirms that agency workers are not entitled to ‘the same contractual working hours as employees’ after 12 weeks
Written by Brabners LLP A new case Kocur v Angard Staffing Solutions Limited and another [2019] in the Court of Appeal has provided clarification on the ‘working hours’ an Agency worker is entitled to after twelve weeks of working in the same role with the same client. In recent years there have been relatively few…
First court decision on restrictive covenants after 100 years
100 years since the first binding decision, the Supreme Court takes a liberal approach, confirming that courts are able to strike through restrictive covenants to make them enforceable against employees.
First case on perceived disability discrimination
In the recent case of Chief Constable of Norfolk v Coffey [2019], the Court of Appeal (“CA”) confirmed that it is discriminatory for an employer to treat an individual less favourably because it perceives that individual to have a disability (even if the individual does not actually have the disability). Whilst discrimination based on perception…
Latest case on holiday pay confirms when to include voluntary overtime
The recent Court of Appeal case Flowers v East of England Ambulance Trust [2019] confirms that voluntary overtime should be taken into account when calculating holiday pay where overtime is sufficiently settled and regular to count as normal remuneration.
Recent decision on employer’s failure to make reasonable adjustments
Recent case highlights the importance of employers following their own policies when making reasonable adjustments for disabled employees.
Recent court case confirms employers must have systems to record how many hours a day an employee is working
Written by Brabners LLP The Court of Justice of the European Union (CJEU) has recently confirmed that employers need to have systems in place that record the hours worked by an employee each day so they can monitor compliance within a week. In the case of Federación de Servicios de Comisiones Obreras (CCOO) v…
Case confirms candidates must be equally qualified before employers positively discriminate when recruiting
Brabners LLP looks at a case that reminds employers to ensure that candidates are equally qualified before positively discriminating in recruitment process.
Regulations require key information document to be provided
New legal changes will require employment businesses to provide work-seekers with a Key Information Document and extra assistance from Umbrella Companies is likely to be needed as a result.
EAT confirms an employee’s mistaken belief is not enough for her disability discrimination claim to succeed
Written by Brabners LLP In the recent case of iForce Ltd v Wood [2019], the Employment Appeal Tribunal (“EAT”) confirmed that an individual did not suffer unfavourable treatment when she received a warning from her employer for refusing to comply with a work change. This is despite the fact that the employee held a mistaken…