News archive: December 2014

  • Posted on December 29, 2014
    As promised, we bring you news of the European Court of Justice’s (ECJ) decision in the case of Kaltoft v Municipality of Billund (a Danish case) which we blogged on 22 July 2014. You may recall that Mr Kaltoft argued that his employer had terminated his employment because of his obesity, which he argued constituted unlawful discrimination. The Advocate General gave his opinion that obesity is not a protected characteristic under the Equal Treatment Framework Directive but “severe” obesity could be. The case was referred to the ECJ.
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    Posted in: Employment
  • Posted on December 22, 2014
    The Court of Appeal has considered whether an employee was entitled to recover damages for a depressive illness resulting from the withdrawal from his post.

    In Yapp v Foreign and Commonwealth Office (FCO) the Court of Appeal has upheld the High Court’s decision that there was a breach of the employee’s contract when the FCO withdrew him from his post as High Commissioner of Belize following allegations of sexual misconduct and bullying. No investigation was carried out prior to the withdrawal and Mr Yapp was not given an opportunity to respond to the allegations against him.
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    Posted in: Employment
  • Posted on December 16, 2014
    Legal advisers are under an obligation to warn clients of the perils of refusing to mediate and most legal advisors will no doubt have sent, and received, threats to ‘bring this letter to the attention of the Court’ in the event that a request to mediate is refused. But what does this mean in practice? Is it really all that bad if parties refuse to mediate? Can parties really be bullied into spending a day of their life cooped up in a tiny room, often with only rations of food and drink, just metres away from their adversaries?
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    Posted in: Civil Litigation
  • Posted on December 15, 2014
    Following the much publicised Employment Appeal Tribunal (“EAT”) decision in Bear Scotland Ltd and ors v Fulton and ors the President of the Employment Tribunals in England and Wales has issued a Practice Direction on the handling of claims of underpaid holiday.
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    Posted in: Employment
  • Posted on December 4, 2014
    George Osborne has announced in his Autumn Statement yesterday that from April 2016 employers who hire apprentices will not have to pay national insurance. The cost of this change is estimated at more than 400 million. A figure not to be sniffed at!
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    Posted in: News
  • Posted on December 3, 2014
    In East of England Ambulance Service v Sanders the Employment Tribunal conducted its own research on a preliminary point relating to the Claimant’s disability, following which it informed the parties of their research.
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    Posted in: Law
  • Posted on December 3, 2014
    The Shared Parental Leave Regulations 2014 came into force on 1 December 2014. The Regulations will enable employees who give birth on or after 5 April 2015 to share up to one year’s leave with their partner. The government anticipates that up to eight percent of fathers will take up the new Shared Parental Leave scheme. For this reason and to ensure that you make headway in getting to grips with the new rights, we aim to enlighten you on the key points relating to shared parental leave.
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    Posted in: Employment
  • Posted on December 1, 2014
    In Department for Work and Pensions v Conyers the Employment Tribunal has held that an employee is disabled within the meaning of the Equality Act 2010 despite medical evidence and the Claimant’s own witness evidence conceding that she did not meet the definition in the Act.
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    Posted in: Employment

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