The long-running case of Higgs v Farmor’s School appears to have come to an end, after the Supreme Court last month refused permission to appeal. This means that the current legal position is as set out in the Court of Appeal’s judgment in this case from earlier this year.
Continue ReadingA recent tribunal ruling against high-street retailer Wilko serves as a costly reminder that even technical breaches of collective consultation law can carry a high price. Following its 2023 collapse, Wilko was found to have failed in its legal duty to properly consult with staff ahead of making large-scale redundancies. The result? Protective awards worth around £2 million across its former workforce.
Continue ReadingStaying awake at work is one of the most fundamental requirements of almost every job. However, the recent case of Okoro v Bidvest Noonan (UK) Ltd serves as a reminder to employers that they should not jump to a conclusion that being asleep at work always warrants dismissal. Context must always be taken into account. In this case, Mr Okoro was a CCTV controller.
Continue ReadingThe Employment Rights Act 1996 lists redundancy as a potentially fair reason for dismissal. But the existence of a genuine redundancy situation or a sound selection process doesn’t guarantee a fair dismissal. Employers also have a duty to explore alternatives – especially the possibility of alternative employment. Too often, this part of the process becomes a ‘tick box’ exercise: pointing to a vacancies list and leaving the rest to the employee. A recent case highlights how this approach could render an otherwise fair redundancy dismissal, unfair.
Continue ReadingUnder the Equality Act 2010, employers have a legal duty to make reasonable adjustments for disabled employees. These adjustments aim to remove or reduce disadvantages caused by a disability, and can include changes to the workplace, providing assistive equipment, or adapting how tasks are carried out. The goal is to enable disabled employees to access, stay in, and thrive in work.
Continue ReadingWhether or not an employee meets the legal definition of a disabled person is a crucial starting point in any disability discrimination case. Under section 6 of the Equality Act 2010, a person is considered disabled if they have a physical or mental impairment that has a substantial, long-term adverse effect on their ability to carry out day-to-day activities.
Continue ReadingIt’s a basic requirement when claiming employment rights that the claimant is, in fact, an employee of the respondent. But sometimes, especially in the context of care, the lines can be blurred. A recent Employment Appeal Tribunal (EAT) decision in Scully v Northamptonshire County Council clarifies the distinction between care funding arrangements and employment relationships.
Continue ReadingFor HR teams in international businesses, one tricky question is whether UK employment tribunals can hear claims against colleagues who live and work overseas. A recent Employment Appeal Tribunal (EAT) decision offers some helpful clarity.
Continue ReadingA claim of ‘one rule for them; one rule for everyone else’ was recently heard in the Birmingham Employment Tribunal. In Burns v Gitpod, the Claimant was sacked after getting drunk and allegedly falling asleep in a sauna on a work trip.
Continue ReadingConstructive dismissal occurs when an employee resigns due to intolerable working conditions created by their employer or fundamental changes to their contract, meaning that their employment has become untenable.
Continue Reading
| 
