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Employment status: reality of relationship trumps contractual terms; arbitrators not employees under discrimination law
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- August 5 2011
The Supreme Court has confirmed that the employment status of an individual will be determined by the reality of their relationship with the employer
Unfair dismissal: whether pay cut proposals apply to management as well as staff could impact on fairness of dismissal for refusing pay cut
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- August 5 2011
The EAT has confirmed that, in deciding whether it was fair to dismiss an employee for refusing to take a pay cut, the issue is whether it was reasonable for the employer to dismiss and not whether it was reasonable for the employee to accept the pay cut
Equal pay: employers may not need to freeze comparator's pay to remove TUPE-related pay disparity
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- August 5 2011
Where a pay disparity arises on a TUPE transfer (eg, due to higher transferor pay levels), this may provide the transferee employer with a "material factor" defence to an equal pay claim even where it fails to take any steps to narrow the pay gap (such as freezing the comparator's pay to enable the claimants to catch up
Retirement: requests to continue working must be considered in good faith
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- August 5 2011
The EAT has upheld a tribunal ruling that requests to continue working past retirement age (under the now defunct default retirement age statutory procedure) must be considered genuinely and in good faith
Holiday: statutory entitlement carried over when employee sick for full year
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- August 5 2011
The EAT has confirmed that statutory holiday entitlement can be carried over to the following holiday year (notwithstanding that this conflicts with the express provisions of the relevant regulations) where an employee has been off sick for the entire holiday year
Unfair dismissal: UK rights for employees abroad
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- August 5 2011
The Supreme Court has ruled that teachers employed by a UK government department and working abroad in European Schools had a sufficiently close connection with Britain and British employment law to enable them to bring UK unfair dismissal claims
Sexual orientation: discussing employee's homosexuality may not be unlawful
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- August 5 2011
The Court of Appeal has ruled that it will not necessarily be unlawful discrimination for a manager to mention an employee's homosexuality to others where the employee has already made it public
Round-up of employment law developments in June 2011
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- July 4 2011
Collective redundancy: employees cannot bring representative claims for protective awards
Wages: no obligation to pay wages to employee remanded in custody
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- June 7 2011
An employee who is unable to work due to being remanded in custody pending a criminal trial is not "unavoidably" prevented from working and so cannot claim that the employer is under an implied duty to pay wages (assuming there is no contrary express term
Appeals against dismissal: employer delay may lead to extension of tribunal claim deadline
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- June 7 2011
Some employers may be tempted to delay an internal appeal against dismissal until the deadline for a tribunal unfair dismissal claim has expired, in the hope that this may prevent the employee litigating
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