Holiday Pay Update
ECJ’s findings support holiday accrual rolling over indefinitely and being paid for on termination where a worker has been deterred from taking their paid holiday.
Uber – the appeal verdict is in, and it’s not good news for Uber!
Brabners LLP take a look at Ubers lost appeal to have the tribunal decision which classified two Uber drivers as workers overturned.
Fairness of a Dismissal: Evidence of the Decision Maker’s Motivation and Knowledge is key!
Recent case confirms that the fairness of a dismissal should be judged by what the decision-maker knew at the time of the decision and not what they should have known.
Employer investigations
The case of NHS 24 v Pillar considered whether it had been unfair for an investigation into an employee’s misconduct to include earlier incidents of misconduct that had not resulted in any disciplinary action.
Worker or Self Employed? The Gig Economy Battle Continues
Brabners LLP looks at two recent cases which address the issue of Worker vs Self Employed as the battle continues in the gig economy.
Increased Compensation Bands Now Apply in Successful Discrimination Cases
Written by Brabners LLP The Presidents of the Employment Tribunals in England and Wales and Scotland have published their response to recent consultation that took place on proposed increases to the bands of compensation for injury to feeling awards in discrimination cases. The response confirms that, for claims pursued on or after 11 September…
Can an employer monitor the private messages of an employee’s work-related email account?
Written by Brabners LLP In the case of Barbulescu v Romania the rarely convened Grand Chamber of the European Court of Human Rights (‘‘ECHR’’) has asserted that an employee’s Article 8 privacy rights were infringed as a result of the employer’s decision to monitor their work related Yahoo email account. Background facts The emails had…
Claimants do not bear the initial burden of proof in discrimination cases
Brabners LLP discuss the burden of proof provisions for discrimination claims set out in section 136(2) and (3) of the Equality Act 2010 (EqA 2010).
Regular voluntary overtime – EAT confirms that it must form part of the holiday pay calculation!
EAT has now confirmed that voluntary overtime can count towards holiday pay and normal remuneration where they is sufficient regularity.
Matthew Taylor Report – Is it a plan setting out a ‘fairer’ system of work or well worded bluster with questionable impact?
Brabners LLP ask: Is it a plan setting out a ‘fairer’ system of work or well-worded bluster with questionable impact?