Archives: Employment

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Partner – and employee

February 2024 | Employment

The EAT has heard an appeal where the issue was whether the existence of a pre-existing partnership, through which services are then provided to another party by one of the partners, and for which payment is made to the partnership, precluded the possibility that the partner in question was an employee, as defined by s230(1) …

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EAT – time for appeal

February 2024 | Employment

This appeal considered the practice and procedure of time for appeal to the EAT. All employment practitioners should take heed. The case summary states: ‘The claimants sought to appeal from the reserved judgment and reasons of the employment tribunal, arising from a full merits hearing, dismissing their complaints. When presenting their notice of appeal they …

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Back pay – SC case

February 2024 | Employment

The SC has heard a case which needs careful consideration regarding back pay. The case involves police officers in NI, but is relevant for employers in England and Wales. Police and civilian staff of the NI police force brought claims to recover sums which they should have been paid since November 1998 as part of …

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Acas – flexible working guidance

February 2024 | Employment

Practitioners advising employers should keep an eye on the progress of a Code of Practice on handling requests for a predictable working pattern. The Workers (Predictable Terms and Conditions) Act 2023 received royal assent on 18 September 2023. The new legislation will give employees and workers a right to request a predictable work pattern under …

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Workplace monitoring – ICO guidance

February 2024 | Employment

The ICO has issued guidance for employers on lawful monitoring in the workplace. The ICO states that research it commissioned reveals that 70% of the public would find it intrusive to be monitored by an employer. Aimed at employers across both the public and private sector, the new guidance provides clear direction on how monitoring …

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Resignation – revoked

February 2024 | Employment

The EAT has heard an interesting case regarding unfair dismissal. The case summary states: ‘The claimant resigned from his employment with the respondent “in the heat of the moment” during an altercation with his line manager. In a subsequent conversation, it had apparently been recognised by his employer that he wished to continue in employment, …

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Fit note – employer guidance updated

December 2023/January 2024 | Employment

The government has updated the guidance for employers which explains actions required if you are given a fit note (Statement of Fitness for Work) by an employee. The updates are quite extensive – so employers and their advisers should read it. An employer’s checklist has been added and guidance explaining sections of the fit note …

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ET – reasons for decision

December 2023/January 2024 | Employment

It is well established that an ET must provide reasons for its decision. The most well-known in a long line of authorities making that point is Meek v City of Birmingham DC [1987]. In that case Bingham LJ stated as follows: ‘8. It has on a number of occasions been made plain that the decision …

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ET erred – fair trial

December 2023/January 2024 | Employment

The EAT has heard an interesting case in which it concluded that an ET erred in striking out a claimant’s claim on the particular facts of the case. No assessment was made as to whether a fair trial remained possible and it appeared that the tribunal was unaware of emails written to the Employment Tribunal …

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Disability – anxiety

December 2023/January 2024 | Employment

The EAT has heard a case in which it considered whether anxiety at the prospect of attending court was capable of amounting to a disability under the Equality Act 2010. The summary states: ‘The claimant in the employment tribunal was dismissed following some eighteen months’ sickness absence. Her Equality Act 2010 complaints, relating to her …

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