News archive: July 2014

  • Posted on July 30, 2014
    In prophet plc v Huggett the Court of Appeal has held that the High Court erred in implying wording into a restrictive covenant. The covenant had been poorly drafted and was rendered useless to the employer but was nevertheless clear and unambiguous. The High Court Judge should not have implied wording to assist the employer.
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    Posted in: Law
  • Posted on July 28, 2014
    Nearly 7 million people of working age in the UK are disabled or have a health condition. The Department for Work and Pensions has therefore issued guidance for employers on the benefits of employing disabled people or people with health conditions.
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    Posted in: Employment
  • Posted on July 24, 2014
    The Employment Appeal Tribunal (“EAT”) has held that a letter sent from an HR Consultant to employees confirming the outcome of their grievance concerning pay created a contractual right to higher pay.
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    Posted in: Employment
  • Posted on July 23, 2014
    ACAS’ 2013/14 Annual Report contains statistics on the level of its involvement for the year up to 31 March 2014. It also provides data on the most argued about employment law areas prior to the introduction of early conciliation in April this year.
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    Posted in: News
  • Posted on July 22, 2014
    In Kaltoft v Municipality of Billund (a Danish case) the Advocate General has now issued his opinion confirming that obesity is not a protected characteristic per se under the Equal Treatment Framework Directive. However, “severe” obesity may be considered a disability for the purposes of the Directive. The Court of Justice of the European Union generally, but not as a rule, follows the Advocate General’s opinion. This means that employers could be required to make reasonable adjustments for obese employees.
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    Posted in: Employment
  • Posted on July 16, 2014
    In Bollacke v Klaas and Kock B.V. the European Court of Justice (ECJ) has held that annual leave which had been accrued prior to the workers death must be paid. This is a surprising finding which will leave employers liable for annual leave and possibly other sums even if their employee has died.
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    Posted in: Employment
  • Posted on July 14, 2014
    The Employment Appeal Tribunal (“EAT”) has overturned an Employment Tribunal’s decision that:
    1. The question of whether the Claimant was disabled could not be resolved without medical evidence; and
    2. The Respondent should bear the cost of the medical report where the Claimant was unable to pay so that the parties are on an equal footing.
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    Posted in: Employment
  • Posted on July 4, 2014
    From 30 June 2014 new laws came into force that extended the right to request flexible working. The Flexible Working Regulations 2014 and Part 9 of the Children and Families Act 2014 allow any employee with 26 weeks’ service the right to request a variation to their working hours regardless of the reason.
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    Posted in: Employment
  • Posted on July 1, 2014
    Do you have to pay to bring an Employment Tribunal claim?

    The answer to the above question is “yes”. There is a fee for bringing a claim in the Employment Tribunal. The fee depends on the type of claim you a bringing. The fee for issuing a claim will either be £160 or £250 depending on the type of claim. However, you may be eligible for fee remission depending on your financial circumstances.
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    Posted in: Employment, News

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