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Page 38 of 43
07 July 2016
In order to unlawfully discriminate a Tribunal requires to ascertain what the reason for the alleged less favourable treatment was. In the case of Geller v Yeshurun Hebrew Congregation a husband and wife were dismissed as redundant. Mrs Geller argued that she had suffered unlawful direct sex discrimination. The Employment Tribunal dismissed that claim, finding that she had not been treated less favourably because of her sex.
09 June 2016
It has been widely reported that the founder of Sports Direct, Mike Ashley, has admitted to a committee of MPs that the business has broken the law by failing to pay staff the national minimum wage (NMW). Staff were reportedly paid less than the NMW because they were held back at the end of their shift, searched by security before leaving the company’s warehouse and docked 15 minutes pay for being one minute late for work. The organisation is now facing a multimillion pound bill in fines and back pay.
27 May 2016
The EAT has held in Santos Gomes v Higher Level Care Ltd, that a worker cannot claim compensation for injury to feelings under the Working Time Regulations 1998 (WTR) if prevented from taking rest periods.
06 June 2016
Employers are understandably concerned when senior employees leave to join a competitor. Taking legal action to enforce restrictive covenants can be costly, as can many of the other litigation routes available. A recent decision of the Information Commissioner’s Office (ICO), however, should act as a deterrent for employees thinking of joining a competitor and taking client lists with them. Not only could this leave the employee open to action by the ex employer, there is scope for a fine as well.
10 May 2016
Ordinarily the ability to bring a claim within the British Courts and Tribunals depends upon what the specific legislative measure says about its application to those who are not based within the jurisdiction. Where the statutory measure is silent, the Court requires to determine what connections need to exist to allow a claim to proceed. For unfair dismissal claims the test was initially set out by the then House of Lords (now Supreme Court) in Lawson v Serco. The principles within that case have been refined in a number of other cases.
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