Jurisdiction: UK

UK: proposed reforms to fitness for work, statutory sick pay and mental health protections

An independent review of mental health at work, commissioned by the Prime Minister, has been published. The Stevenson/Farmer review calls on employers to adopt six mental health core standards covering mental health at work plans, employee awareness and open communication, … Continue reading

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Filed under Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment), Workplace Health and Safety

UK: Court of Appeal reinstates burden of proof for discrimination claims

The Court of Appeal has held that the EAT ruling in Efobi v Royal Mail Group (that it is not incumbent on the claimant in a discrimination claim to prove a prima facie case, summarised in our blog post here) … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: fairness of whistleblowing dismissal depended on knowledge of decision-maker, notwithstanding manipulation by line manager

The Court of Appeal has overturned the EAT ruling in Royal Mail v Jhuti, although a further appeal has been filed.  The EAT had ruled that the reason for a dismissal can be the employee’s whistleblowing, even where the decision-maker … Continue reading

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Filed under Jurisdiction: UK, Termination of employment, Whistleblowing

UK: dismissal for failure to produce right to work documents could be unfair

The EAT decision in Baker v Abellio London UK serves as a reminder that it is not a statutory requirement for an employer to obtain right to work documents from its employees (the production of such documents only provides a … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: duty not to mislead employee as to reason for dismissal

In Rawlinson v Brightside Group, the EAT held that the duty of trust and confidence includes an obligation on an employer not to deliberately mislead an employee as to the real reason for dismissal.  In that case, the employer decided … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: over-thorough investigation did not render dismissal unfair

In NHS 24 v Pillar, the EAT has ruled that an over-thorough investigation will not of itself render a dismissal unfair.  It is for the decision-maker to decide what is relevant to their decision, and it is their state of … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: ECJ ruling on breastfeeding risk assessments, Acas pregnancy/maternity guidance, and bereavement leave bill

In the Spanish case Ramos v Servicio Galego de Saude, the ECJ has ruled that it is insufficient for an employer to carry out only a general risk assessment where a breastfeeding worker’s role poses a potential risk to the … Continue reading

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Filed under Jurisdiction: UK, Workplace flexibility and family-friendly rights, Workplace Health and Safety

UK: gig economy developments, including important ECJ ruling on holiday pay, Uber and Deliveroo rulings on worker status, and delay to government proposals

The ECJ has agreed with the Advocate-General’s opinion in King v Sash Windows that workers denied paid holiday can carry over their 4 weeks’ statutory holiday entitlement indefinitely and be paid in lieu of the entire accrued untaken entitlement on … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)

UK: worrying High Court data protection ruling imposing vicarious liability on employers

A recent High court decision (subject to appeal) has ruled that an employer can be vicariously liable for an employee’s misuse of data even where it has done as much as reasonably possible to prevent the misuse and where the … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK

UK: employers should review sexual harassment policies and staff training

The continuing media focus on sexual harassment claims has highlighted an issue which poses a significant challenge for all employers, to ensure there is clarity over what behaviours are unacceptable and that employees both feel safe to report concerns and … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)