Category - Employment Law

National Minimum Wage & National Living Wage Increases

Are you prepared for the increases to NMW and NLW on 1 April 2017? The Government’s National Living Wage was introduced on 1 April 2016 for all workers aged 25 and over, and was set at £7.20 per hour.   Employers need to remember that the current National Minimum Wage for those under the age of … Read more

Vicarious Liability – Bellman v Northampton Recruitment Ltd

 In a recent case at the High Court, regarding a Christmas party event, (Bellman v Northampton Recruitment Ltd [2016] EWHC 3104 (QB).) a claim of vicarious liability was brought against this particular recruitment company. Bearing in mind employers can be vicariously liable for the actions of their employees at work related social events, we usually … Read more

Another Employment Tribunal Win for Fairways

A recent hearing has resulted in a positive outcome resulting in another Employment Tribunal win for Fairways and the company maintaining its 100% success rate in Employment Tribunal Hearings. The Case This particular case related to the Claimant alleging he had been unlawfully discriminated against on the grounds of disability by the Respondents. The claimant also … Read more

Protected disclosures: junior doctors not protected from detriment by national training body

The EAT has upheld an employment tribunal’s decision that whistleblower protection under the ERA 1996 does not protect a junior doctor from detriment by Health Education England (HEE), the body responsible for education, training and workforce planning for all NHS staff in England. His relationship with HEE was not covered by the extended definition of … Read more

The EAT has upheld a tribunal’s decision that an employee’s dismissal was not direct disability discrimination

The EAT has upheld a tribunal’s decision that an employee’s dismissal was not direct disability discrimination as the decision-maker did not know that he was disabled. The knowledge of the employer’s Occupational Health department in relation to the employee’s disability could not be imputed to the decision-maker in the disciplinary process. Following the guidance of … Read more

Employment Appeal Tribunal

New early conciliation not required before amending ET claim The EAT has held that it is not necessary for a claimant to go through the early conciliation process (EC) again in respect of a new claim arising after EC has concluded and an ET1 presented to the tribunal. Parliament intentionally drafted the legislation to refer … Read more

Urgent Update – Holiday Pay Claims

Calculating holiday pay In addition to current legislation, a number of recent court judgments should be considered when calculating holiday pay. This means that the rules employers and workers follow to calculate holiday pay may need to be updated. The introduction of The Deduction from Wages (Limitation) Regulations 2014 means that when making a claim … Read more

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