Archives: Employment

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Public holidays – entitlement

May 2022 | Employment

A helpful and timely article considers when workers are entitled to an extra day off for the Queen’s Platinum Jubilee, along with some of the tricky issues when it comes to public holidays. Under the Working Time Regulations 1998 (WTR), workers are entitled to at least 5.6 weeks’ paid holiday in each leave year. Any …

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Pregnant employee – sacked

May 2022 | Employment

… by a law firm. Yes. You read that correctly. By a law firm. The firm has now been subject to an intervention and it is clear from the decision that there was confusion as to who were partners in the law firm at material times and there was even confusion at one point as …

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Anonymising – process

May 2022 | Employment

An article discusses a case in which the EAT considered when tribunals should make orders for anonymisation or redaction and the appropriate process to follow. Mr Frewer was summarily dismissed, allegedly for sexual harassment. He claimed that his dismissal was for whistleblowing and that he had made protected disclosures that Google was involved in anti-competitive …

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Settlement agreements – back in focus

May 2022 | Employment

A timely article reviews the use of settlement agreements in the light of the very public sacking of 800 crew members by the shipping company P&O. Reports suggest that all but one of the crew members have entered into settlement agreements with P&O, thereby waiving their employment claims against the company. P&O is likely to …

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Retirement questions – take care

April 2022 | Employment

In a recent ET case, a civil servant won an age discrimination claim after being asked about his retirement plans. Ian Tapping was in his sixties and suffered from fibromyalgia, which caused various symptoms including pain and extreme tiredness. Relations between Mr Tapping and his employer, the Ministry of Defence (MoD), became difficult. He made …

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Worker status – another case

April 2022 | Employment

The respondent in the ET operated the Mytaxi app. From 2014 the claimant worked full time in business on his own account as a black-cab driver in London. In February 2017 he downloaded the driver version of the respondent’s app. Apart from the odd trip in April he did not start to actively use it …

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Lockdown party – dismissal

April 2022 | Employment

The decision in an ET case will resonate with many and is reported in a succinct article. The ET held that Miss Taylor was fairly dismissed for attending a birthday gathering during lockdown, in breach of government guidelines and her employer’s infection control practices. Miss Taylor was a manager at a care home operated by …

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ET – equal pay audit

April 2022 | Employment

A recent case involving a claim by a female against her banking employer resulted in an order which included the following: ‘Equal Pay Audit (a) We order that the Respondent carry out an audit under regulation 2 of The Equality Act 2010 (Equal Pay Audit) Regulations 2014 (the “Regulations”). The audit must be received by …

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Duty of care – self-employed professionals

April 2022 | Employment

The CA has held that the owner of a dental practice owed a patient a non-delegable duty of care in relation to the treatment she received from self-employed dentists who worked at the practice. Ms Hughes had gone to the Manor Park Dental Practice for treatment on various occasions between 2009 and 2015. The practice …

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