EAT upholds decision that it was fair to dismiss a member of reserve forces
By Caroline Cockbain, Associate Director.
The Employment Appeal Tribunal (EAT) has found the dismissal of a Royal Marine reservist for volunteering...
Less favourable treatment of agency workers
By Stuart Swan, Senior Solicitor.
The Employment Appeal Tribunal (EAT) has recently held that it is not possible to compensate an agency worker...
Holiday Pay for Voluntary Overtime
Should voluntary overtime be taken into account when calculating holiday pay?
Holiday Pay Claims
A gap of more than three months breaks the series of alleged unlawful deductions.
Working Time: Sleeping at work
The Employment Appeal Tribunal (EAT) has considered the approach to be adopted when deciding whether employees who ‘sleep-in’ to carry out duties, if...
ACAS Code does not apply to dismissals for breakdown in working relationship
The Employment Appeal Tribunal has confirmed that the ACAS Code of Practice (the Code) on Disciplinary and Grievance Procedures does not apply to dismissals...
TUPE: Service Provision Change
The Employment Appeal Tribunal (EAT) recently reaffirmed that for a service provision change to have taken place under the Transfer of Undertakings (Protection...
ACAS Code does not apply to some ill health dismissals
The general rule is that if an employer does not follow the ACAS Code of Practice (‘ACAS Code’) on disciplinary and grievance procedures, an Employment...
Raising concerns with an employee on sick leave
The Employment Appeal Tribunal (EAT) has decided that an employer who attempted to address workplace difficulties with an employee on sick leave constructively...
EAT Disapproves HMRC Guidance on Childcare Vouchers During Maternity Leave
The Employment Appeal Tribunal (EAT) has held that childcare vouchers provided under a salary sacrifice scheme are part of the employee’s remuneration under...
Instruction not to speak Russian at work was neither discrimination nor harassment
The Employment Appeal Tribunal (EAT) has decided that an instruction given to an employee not to speak Russian at work was not direct race discrimination...
No special rules for social media misconduct
A recent decision of the Employment Appeal Tribunal (EAT) confirms that no special rules apply when dismissing an employee for misuse of social media. Rather...
EAT: Holidays and Sick Leave
Sick workers can choose to carry over holidays, but only for 18 months.
EAT decides that flawed disciplinary process was not disability discrimination
Few weeks ago The Employment Appeal Tribunal (EAT) has allowed an appeal against an Employment Tribunal’s finding that an employer’s failure to conduct...
No TUPE transfer when the service provision change is in respect of a short-term contract - Expert Comments
The Employment Appeal Tribunal (EAT) has defined a 12-month contract as ‘short-term’ and therefore excluded from the application of the TUPE Regulations...
