Category: Employment Law

Bell v Alliance Medical: a warning to employees

Bell v Alliance Medical: a warning to employees

It is trite that an employer will be vicariously liable for the negligent acts of their employees (when done in the course of their employment). But it is often forgotten that the employee remains jointly...

Trip hazard Muslim jilbab: discrimination?

Trip hazard Muslim jilbab: discrimination?

The Employment Appeal Tribunal has recently been asked to decide whether a nursery school’s requirement that a Muslim lady not wear a full-length jilbab – because this would present a tripping hazard – was...

New law introduced in May under the Small Business, Enterprise and Employment Act 2015

New law introduced in May under the Small Business, Enterprise and Employment Act 2015

New law introduced in May under the Small Business, Enterprise and Employment Act 2015 The first commencement order made under the Small Business, Enterprise and Employment Act 2015 has been published. From 26th May...

New rules on zero hour contracts

Exclusivity terms unenforceable in zero hours comes into force under s 164(1). This section inserts the Employment Rights Act 1996, Pt 2A, which renders unenforceable any exclusivity term (see s 27A(3)) in a “zero...

Non-payment of bonus disability discrimination

Non-payment of bonus disability discrimination

A bonus scheme penalising employees for their poor sickness records was disability discrimination, holds the EAT, even though the bonus administrator had no knowledge of the disability. Background The employer in this case, the...

Constructive Dismissal – delay fatal to claim?

Constructive Dismissal – delay fatal to claim?

Was the employee’s argument that she was too ill to resign for 18 months successful? Or was she found to have affirmed her contract and therefore not able to bring her constructive dismissal claim?...

Managing Sickness Absence – a Springhouse Checklist

Managing Sickness Absence – a Springhouse Checklist

Dealing with sickness absence is a perennial problem for employers and employees alike, with unfair dismissal and discrimination rearing its head at every turn. Our checklist will put employers and employees on the right...

Forced repayment of training costs lawful

Forced repayment of training costs lawful

Was it lawful for a company to force their employee to repay their training costs even though this effectively took them below the minimum wage? Yes it was, where the contract was clear about...

Gross misconduct and mental illness

Gross misconduct and mental illness

In the case of Burdett v Aviva Employment Services Limited, the EAT considered the potentially thorny issue of dismissing an employee who was a paranoid schizophrenic. Background Mr Burdett was diagnosed as suffering from...

Abolition of national insurance payments for apprentices

Abolition of national insurance payments for apprentices

In the Autumn Statement 3 December 2014, George Osborne has announced that employers who hire apprentices will no longer have to pay national insurance. This rule will apply to apprentices up to the age...

Shared parental leave now in force

Shared parental leave now in force

Springhouse Solicitors reports on: The intricate regulations dealing with shared parental leave and shared parental pay came into force on 1 December 2014. The regulations let both parents share parental leave during the first...