Employment Articles

When it is lawful to refuse to rehire unfairly dismissed employee

The Court of Appeal has confirmed that an employer could be justified in not re-engaging an unfairly dismissed employee if it had a rational belief that he could not carry out the duties required in a new role or if there had been a genuine breakdown of...

Cleaner accused of 'throwing a sicky' was unfairly dismissed

The Employment Tribunal has ruled that a cleaner was unfairly dismissed after she resigned because her employer accusing her of lying about her illness. The case involved Pamela Wynn Newcombe, who was employed by Machynlleth Town Council from 2013 to 2019. ...

Engineer too late to claim holiday pay from Pimlico Plumbers

An engineer who won a landmark case that he should be classed as a worker at Pimlico Plumbers has lost his claim for backdated holiday pay. Gary Smith had worked for Pimlico as a heating engineer from 2005 to 2011. Throughout that period Pimlico regarded...

Sleep-in care workers lose final appeal over minimum wage

Care workers who slept overnight at their workplace were “available for work” rather than “working” and so were not entitled to be paid the national minimum wage for the whole of their sleep-in shift. That was the decision of the...

Warden was unfairly dismissed despite aggressive text messages

A university warden who was dismissed after sending ‘aggressive text messages’ to colleagues has won his claim of unfair dismissal. Dr Binoy Sobnack began working at Loughborough University in 1999 as a physics lecturer. He then added the role...

Driver's dismissal for not wearing a facemask 'was not unfair'

A delivery driver has lost a claim of unfair dismissal after he was fired for refusing to wear a mask while on duty during lockdown. The case involved Deimantas Kubilius who had worked as a driver for Kent Foods Limited for four years. Most of his work...

Pregnant woman 'told to resign' awarded £18,000 compensation

A customer service assistant who said she was told to resign after her employer discovered she was pregnant has been awarded £18,000 after making a discrimination claim. The case involved Mrs N Agarwal and St John Freight System UK. Mrs Agarwal had...

Need to cut costs justified 'age discriminatory' pay policy

The Court of Appeal has ruled that an employer's need to reduce its staff costs to balance its books could be enough to justify indirect age discrimination. The case involved the Probation Service and one of its employees, Craig Heskett. Following the...

Tribunal rules employer did not act unreasonably over redundancies

The Employment Appeal Tribunal has ruled that an employer had not acted unreasonably by declining to put an employee on a list of potential future workers when making him redundant. The case involved Aramark Ltd and one of its employees, Mr Fernandes. The...

Firm gets injunction against former MD to protect its business

A cryptocurrency firm has successfully taken legal action to prevent its former managing director competing against it and from revealing confidential information. The case involved Gemini Europe Ltd and Sawyer (2020). Gemini was part of a group of...
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