Under the Equality Act 2010, employees who have been diagnosed with cancer are deemed to be disabled and therefore do not have to satisfy the usual definition of disability. In Lofty v Hamis (t/a First Café), the Employment Appeal Tribunal (EAT) held that an employee who had a ‘pre-cancerous’ skin...
Under the Agency Workers’ Regulations 2010 (AWR), agency workers are entitled to the ‘same basic working and employment conditions’ as permanent employees after 12 continuous weeks (regulation 5(1)).
In order for TUPE to apply to a service provision change (SPC), the work carried out after reallocation of a contract must be fundamentally the same.
Under the Working Time Regulations 1998 (WTR), workers are entitled to an unpaid rest break of 20 minutes when working for more than six hours per day (regulation 12(1)).
Under the Equality Act 2010, employers have a duty to make reasonable adjustments where a disabled employee is placed at a substantial disadvantage compared with a non-disabled employee as a result of a provision, criterion or practice (PCP).
In Wilsons Solicitors LLP v Roberts, the Court of Appeal held that post-termination losses can be recovered if they are attributable to pre-termination detriments on whistleblowing grounds.
Part V of the Employment Rights Act 1996 (ERA) provides protection from suffering detriment in employment in a number of circumstances including working time, health and safety, Sunday working, whistleblowing, and flexible working cases.
In Keeping Kids Company v Smith and others, the Employment Appeal Tribunal (EAT) upheld the decision of the Employment Tribunal that a charity had breached its collective redundancy consultation obligations prior to its liquidation, and that the special circumstances defence did not apply.