Can an employer be liable for disability discrimination where they do not know of the employee’s disability until after dismissal?
By Louise Walker, Senior Solicitor.   Yes, said the Employment Appeal Tribunal (EAT) in a recent judgment.  
Louise Walker
9th May 2019
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...
Caroline Cockbain
23rd Oct 2018
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...
Stuart Swan
21st Mar 2018
Holiday Pay for Voluntary Overtime
Should voluntary overtime be taken into account when calculating holiday pay?
Gillian Cumming
3rd Aug 2017
Holiday Pay Claims
A gap of more than three months breaks the series of alleged unlawful deductions.
Amanda Deeley
19th May 2017
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...
Angela Strzyzewska
4th May 2017
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...
Stuart Swan
30th Aug 2016
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...
David McRae
4th Aug 2016
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...
Stuart Swan
18th Jul 2016
Holiday pay update
Many of our readers will already have read in the press that the Employment Appeal Tribunal (EAT) dismissed the appeal of British Gas in the well-publicised Lock case.
Stuart Swan
19th May 2016
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...
Stuart Swan
19th May 2016
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...
Louise Walker
28th Apr 2016
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...
David McRae
22nd Feb 2016
No special rules for social media misconduct - expert comments
Whilst the EAT declined to give any specific guidance to employers on how to deal with dismissals for misuse of social media in the case of The British Waterways...
David Reid
18th Aug 2015
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...
David Reid
18th Aug 2015
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