The issue of whether workers should be paid the National Minimum Wage when they’re on call or required to sleep on site has been addressed by the Employment Appeal Tribunal (EAT). It said there was no definitive answer as each case
Finance company protects its business against former employee
A finance company has succeeded in using its employment contracts to prevent competition from a former employee for a set period. The employee had worked for the company as a broker in the energy market. His contract contained a non-compete clause preventing him from working for competitors within a specified territory for six months after termination of his employment. “Territory” was defined as England and any other country in which …Read More
Supreme Court rulings help clarify law on indirect discrimination
The Supreme Court has provided two rulings that help clarify the law on indirect discrimination in the workplace. In the first case, the employer required staff to pass a skills assessment to be promoted. Some employees complained when they failed the assessment. They were either black and minority ethnic (BME) candidates or aged over 35. They quoted a statistical report which found that BME and older candidates had a proportionately …Read More
Several changes to employment law came into effect on 1 April.
Apprenticeship Levy Employers with payrolls of £3m and above now have to pay a levy of 0.5% of their pay bill to help fund 3 million additional apprenticeships over the next five years. The aim is to increase job opportunities for people aged between 16 and 24. The annual pay bill is defined as comprising of total payments to employees that are subject to Class 1 secondary National Insurance Contributions. …Read More
Plumber wins ‘worker’s rights’ claim against employer
A plumber who carried out jobs on behalf of a plumbing company should be classed as a “worker” under the Employment Rights Act, not a self-employed contractor. That was the decision of the Court of Appeal in a high profile case involving Pimlico Plumbers and one of its operatives, Gary Smith. Mr Smith carried out plumbing work for the company between August 2005 and April 2011. He complained that, following …Read More
EasyJet compensates hostess sacked for eating sandwich
EasyJet has compensated an air hostess who was sacked for eating one of the company’s bacon sandwiches that was given to her by her manager. Sharon Gleeson said she only ate it because she has a nut allergy and had not been able to find a safe alternative while working abroad. The Employment Tribunal was told that she had breached company policy by not asking for a receipt to prove …Read More
Former Network Rail employee awarded £75,000 in equal pay case
A woman who used to work for Network Rail has been awarded £75,000 to settle an equal pay claim going back several years. Tracey Myers worked for the company as a training assurance specialist until she was made redundant in 2014. She later discovered
Teacher awarded £180,000 in disability discrimination case
A teacher suffering from cystic fibrosis who was dismissed for showing a horror film to pupils has been awarded £180,000 compensation in a disability discrimination case. Philip Grosset worked as head of English at the Joseph Rowntree School in York. He was sacked for gross misconduct after showing the 18-rated film Halloween to a group of 15-year-olds. Mr Grosset accepted that he had made a poor choice but said it …Read More
Charity employee awarded £90,000 in sexual harassment case
An employee at an anti-abuse charity has been awarded £90,000 compensation after being subjected to a prolonged campaign of harassment by her manager. The employee, who cannot be named for legal reasons, suffered from post-traumatic stress disorder (PTSD) as a result of her treatment as the Roshni charity, which is based in Glasgow. The Employment Tribunal was told that the charity’s founder, Ali Khan, verbally and physically abused the employee …Read More
Woman wins sex discrimination claim in flexible working case
A woman has won her claim of sex discrimination against an airline that refused her request for flexible working after she returned from maternity leave. Emma Seville worked full time for Flybe as a cabin crew member for 13 years. Her rota was flexible, which meant she could work any 22 days of each month. When she returned from maternity leave, she asked to work on a fixed pre-arranged rota …Read More