14 Feb 2018

Government responds to Matthew Taylor’s Review of Modern Working Practices with proposals and numerous consultations

A look at the four consultations announced by the government in response to the Taylor Review.

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31 Jan 2018

Case Update – ECHR finds that covert surveillance cameras breach employees’ privacy rights

Reflecting on the Lopez Ribalda and others vs Spain case, Brabners LLP considers this in the context of UK data protection law when using camera surveillance in the workplace.

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16 Jan 2018

Compensatory rest break for workers – EAT confirms it must be an uninterrupted 20 minutes

A look at a recent case where the EAT considered whether the compensatory 20-minute rest break has to be taken in one uninterrupted period, or whether it could be taken...

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20 Dec 2017

Dismissal unfair where employee could not provide right to work documents

EAT find the dismissal of an employee was unfair as employee was not subject to immigration control but with no documentation evidencing his Right to work in UK.

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5 Dec 2017

Holiday Pay Update

ECJ’s findings support holiday accrual rolling over indefinitely and being paid for on termination where a worker has been deterred from taking their paid holiday.

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21 Nov 2017

Uber – the appeal verdict is in, and it’s not good news for Uber!

Brabners LLP take a look at Ubers lost appeal to have the tribunal decision which classified two Uber drivers as workers overturned.

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8 Nov 2017

Fairness of a Dismissal: Evidence of the Decision Maker’s Motivation and Knowledge is key!

Recent case confirms that the fairness of a dismissal should be judged by what the decision-maker knew at the time of the decision and not what they should have known....

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25 Oct 2017

Employer investigations

The case of NHS 24 v Pillar considered whether it had been unfair for an investigation into an employee’s misconduct to include earlier incidents of misconduct that had not resulted...

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10 Oct 2017

Worker or Self Employed? The Gig Economy Battle Continues

Brabners LLP looks at two recent cases which address the issue of Worker vs Self Employed as the battle continues in the gig economy.

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27 Sep 2017

Increased Compensation Bands Now Apply in Successful Discrimination Cases

Written by Brabners LLP   The Presidents of the Employment Tribunals in England and Wales and Scotland have published their response to recent consultation that took place on proposed increases...

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12 Sep 2017

Can an employer monitor the private messages of an employee’s work-related email account?

Written by Brabners LLP In the case of Barbulescu v Romania the rarely convened Grand Chamber of the European Court of Human Rights (‘‘ECHR’’) has asserted that an employee’s Article...

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30 Aug 2017

Claimants do not bear the initial burden of proof in discrimination cases

Brabners LLP discuss the burden of proof provisions for discrimination claims set out in section 136(2) and (3) of the Equality Act 2010 (EqA 2010).

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