UK: The Marathon decision – is it right that employees can unlawfully remove confidential documents and not pay damages?
The High Court has recently considered the approach to assessing "licence fee damages" in a claim against two former employees of Marathon Asset Management, James Seddon and Luke Bridgeman, who breached their duties of confidence by unlawfully removing approximately 40,000 … Continue reading
HR practitioners know only too well what an effective weapon a subject access request (SAR) can be in the hands of an aggrieved employee or ex-employee. Even if no 'smoking gun' is unearthed for the purposes of litigation, at the … Continue reading
The Supreme Court yesterday refused British Gas permission to appeal the Court of Appeal ruling that statutory holiday pay must include results-based commission (Lock v British Gas Trading). This provides employers with final confirmation that the calculation of pay for … Continue reading
The independent Baroness McGregor-Smith Review into race in the workplace was published on 28 February 2017. It sets out evidence that people from BME backgrounds are still being held back in the workplace and has urged businesses with more than 50 … Continue reading
The online register of employment tribunal judgments announced last summer is now live. The online service covers judgments in both England and Wales and Scotland and will include all new decisions in addition to some transcripts going back to 2015.
The House of Commons Petitions Committee and the Women and Equalities Committee have published a joint report calling for more effective remedies against employers who require female staff to wear high heels at work, and for Acas guidance on dress … Continue reading
The Government has rejected the idea that pregnancy and maternity cases should have more favourable fee treatment, on the basis that the drop off in those claims was much lower than in other types of discrimination. It has also rejected … Continue reading
The Ministry of Justice has finally published its post-implementation review of the introduction of fees in the employment tribunals and EAT. The review concludes that the fees regime is working well and that some individuals may have been discouraged but … Continue reading
The majority of the Trade Union Act 2016 is to come into force on 1 March 2017, including the new ballot requirements, changes to the required notice for industrial action and expiry of the mandate for industrial action. Further details … Continue reading
UK: Jurisdiction – claims for EU-derived rights may only be brought in the UK if working within the EU
In Wittenberg v Sunset Personnel Services the EAT has reiterated its view, originally given in Hasan v Shell International (see our blog post), that EU-derived rights such as working time or discrimination protections can be enforced in the UK, despite … Continue reading