Workers have the right to not be subjected to a detriment by any act, or deliberate failure to act, by their employer which aims to prevent or deter them from being a trade union member or from taking part in union activities, or to penalise them for doing so.
In Mustafa and another v Trek Highways Services Ltd and others, the Appeal Tribunal has ruled that a temporary cessation of work prior to the transfer of services to a new employer will not necessarily prevent TUPE from applying.
In British Gas Trading Ltd v Lock, the Appeal Tribunal has upheld an Employment Tribunal’s decision that results-based commission payments should be included when calculating holiday pay in respect of the four weeks’ minimum holiday granted by the EU Working Time Directive.
When negotiating an employee’s departure, or a subsequent settlement agreement, it is vital to consider the tax treatment of termination payments.
An employee who is claiming direct age discrimination must show that they have been treated less favourably than a real or hypothetical comparator whose relevant circumstances are not materially different to their own.
In Barbulescu v Romania the European Court of Human Rights (ECHR) considered whether it was lawful for an employer to access and monitor an employee’s business email account in order to check whether it had been used to send private emails.
It can be difficult to assess the extent to which absence policies should be adjusted for disabled employees, even where policies give managers discretion to disregard some disability-related absence. The Court of Appeal has recently provided guidance on this issue in the case of Griffiths v The Secretary of State...
With greater diversity in the workplace, employers increasingly face issues related to language. There have been some successful race discrimination cases relating to the imposition of language requirements in the workplace. In Kelly v Covance Laboratories Ltd, the Appeal Tribunal considered whether an instruction to an employee not to speak...