Archives

Self-Employed or Worker? – Supreme Court Lays Down the Law

Self-employed or worker? There can hardly be a more burning issue in Employment Law and, in upholding a Plumber’s claim that he fell into the latter category, the Supreme court has impose vital restraints on the so called  ‘gig economy’. The man was one of a bank of plumbers that provided their services to a…

Read more

Shop Manager Wrongly Accused of Theft wins £20,000 Compensation

Employers who do not have robust procedures in place for investigating incidents of alleged staff misconduct frequently pay a heavy price. That was certainly so in one case in which a shop manager who was sacked after being unjustifiably accused of theft won more than £20,000 in compensation. The woman was alleged to have taken…

Read more

The 2018 FIFA World Cup – Are you Ready?

The 2018 Fédération Internationale de Football Association (FIFA) World Cup commences on Thursday 14th June with a match between Russia and Saudi Arabia that kicks off at 4:00pm UK time in the Luzhniki Stadium in Moscow. Employers who have not already done so should ensure they have policies in place to deal with any issues that…

Read more

Mental Health Awareness Week – Acas Guidance for Employers

This week is Mental Health Awareness Week (14-20 May), and this year the Mental Health Foundation is focusing on stress. Whilst not a mental health problem in itself, stress can lead to depression, anxiety and other mental health problems. According to the Foundation, one in four people will experience a mental health problem at some…

Read more

Compensation for Injury to Feelings Is Tax Free, Rules Court of Appeal

Those who suffer unlawful discrimination in the workplace are entitled to be compensated for injury to their feelings and, following an important Court of Appeal decision, such awards will henceforth be tax free. The case concerned a company director, aged in his mid-50s, who claimed that he had been selected for redundancy due to his…

Read more

The National Minimum Wage – Long Tail Consequences of Non-Compliance

Failing to pay staff the National Minimum Wage stores up serious financial trouble for the future and employers who do not understand the Law will be stung with a longer tail following a Tribunal’s guideline decision. The case concerned a Head Porter, employed by a Property Management company, who had for well over a decade…

Read more

Disability Discrimination – Tribunal Rules on Definition of Cancer

It is hardly surprising that anyone suffering from cancer is deemed to be disabled under the Equality Act 2010 – but what exactly is cancer? The Employment Appeal Tribunal (EAT) considered that issue in an important test case. The case concerned a catering worker who, after noticing a blemish on her cheek, was diagnosed with…

Read more

Employee or Self–employed: The debate rolls on…

The distinction between employment and self-employment is perennially difficult to draw but, as one case concerning a senior property professional showed, tribunals are used to looking beneath the surface in order to ascertain where control in a relationship really resides. A highly paid Project Manager of major land deals had given in his notice and…

Read more

Unfair Dismissal and Ulterior Motives – Tribunal Fell Into Substitution Trap

  Determining the true reason for an employee’s dismissal is one of the hardest tasks undertaken by Employment Tribunals (ETs). That was certainly so in one case in which a school’s head teacher was accused of having an ulterior motive for dispensing with the services of its veteran maintenance manager. Concerns had been raised that…

Read more

Restrictive Covenant in Contract Passes Reasonableness Test

Restrictive covenants in employment contracts involve the imposition of restraints on employees personal freedom and have to be reasonable to be enforceable. In one case, the High Court ruled that a clause in an engineers contract that prevented him from working for competitors for 12 months passed that test. The engineer worked for a company…

Read more

To contact us please call 0800 158 4147 03330 145451, email info@tayntons.co.uk or use our