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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8 Aug 2017

Regular voluntary overtime – EAT confirms that it must form part of the holiday pay calculation!

EAT has now confirmed that voluntary overtime can count towards holiday pay and normal remuneration where they is sufficient regularity.

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26 Jul 2017

Matthew Taylor Report – Is it a plan setting out a ‘fairer’ system of work or well worded bluster with questionable impact?

Brabners LLP ask: Is it a plan setting out a ‘fairer’ system of work or well-worded bluster with questionable impact?

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12 Jul 2017

At what point in time are restrictive covenants judged?

Brabners LLP discuss restrictive covenants; an important issue for all employers, particularly those who have employees that enter into restrictive covenants and are then subsequently promoted.

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27 Jun 2017

Will a worker’s paid holiday entitlement carry over to subsequent years if they did not take such holiday because they would not have been paid for it?

Brabners look at the King v The Sash Window Workshop Ltd and another (‘‘King’’) case, the opinion of the Advocate General of the ECJ, and more significantly, what the implications...

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13 Jun 2017

Defence of unfair dismissal claims because of whistle-blowing

Brabners look at a whistleblowing dismissal case, Beatt v Croydon Health Services NHS.

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30 May 2017

EAT confirms that a series of deductions is broken by gaps of three months or more!

In this article, employment legal experts Brabners examine the outcome of the holiday pay legal case: 'Bear Scotland Ltd v Fulton and another'.

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