17 Aug 2017

The law relating to harassment and bullying, as it currently stands, is an amalgam of statute law (Equality Act 2010) and common law. “Harassment” and “bullying” are terms which are used interchangeably, but the legal basis for a claim for each is very different. 1.Harassment  S26 of the Equality Act defines harassment as “unwanted conduct […]

28 Jun 2017

The Court of Appeal has decided that, in a whistleblowing dismissal case, it is irrelevant that the employer genuinely believed that the employee’s disclosure was not protected. A disclosure will be protected if it meets the statutory conditions in Part IVA of the Employment Rights Act 1996 (ERA 1996), and this is an objective test. […]

28 Jun 2017

The Supreme Court has held that an employer was wrong to deduct 1/260 of an employee’s annual salary, rather than 1/365, when its employees went on strike. This was because the employees were employed on annual contracts and because it was accepted that the employees, who were teachers, regularly worked outside of their contracted hours, […]

28 Jun 2017

The Information Commissioner, Elizabeth Denham, has warned businesses that there’s no time to delay in preparing for “the biggest change to data protection law for a generation”. In a YouTube video addressing boardrooms, Ms Denham says “If your organisation can’t demonstrate that good data protection is a cornerstone of your business policy and practices, you’re […]

28 Jun 2017

The recent case of Egon Zehnder Ltd v Mary Caroline Tillman [2017] EWHC 1278 (Ch) had found that, although the reasonableness of a non-compete clause should be assessed at the time the contract is entered into, the parties’ expectations of future promotions should also be taken into account. In Egon Zehnder Ltd v Mary Caroline […]

28 Jun 2017

Two Managing Directors have been criticised after reportedly telling staff, before the election, that their jobs were at risk if they failed to vote Conservative. John Brooker, the Managing Director of Storm Technologies, wrote to staff on the day of the election stating “If by any chance Labour win, we’ll have to rethink a few […]

28 Jun 2017

Can an appellant to the EAT rely on vague medical evidence to get an extension of time for a late appeal? No, held the EAT in J v K. J appealed against the strike-out of his discrimination claim. He sent in his Notice of Appeal before the 4pm deadline on the final day, but the file was rejected […]