by Andrew Macmillan | May 30, 2022 | News
At the third stage of deciding employment status using the Ready Mixed Concrete test, can factors other than the express and implied terms of the contract be considered? Yes, held the Court of Appeal in the recent case of Atholl House Productions v HMRC. The case...
by Andrew Macmillan | May 18, 2022 | News
A case in which a man was dismissed from his job after an aggressive and foul-mouthed exchange of words has led to an employment tribunal ruling that being called ‘bald’ at work constitutes harassment related to sex. Electrician Tony Finn worked for West...
by Andrew Macmillan | May 10, 2022 | News
Covid-19 has caused many problems for employers but was it automatically unfair to dismiss an employee who refused to attend work over concerns about the risk of Covid-19 to his vulnerable children? No, held the Employment Appeal Tribunal (EAT) in the recent case of...
by Andrew Macmillan | May 9, 2022 | News
Regular readers of our news updates and blogs may recall that in 2015 exclusivity clauses were made unenforceable against workers on zero hour contracts. The government is now proposing to extend the ban on exclusivity clauses for workers whose earnings are below £123...
by Andrew Macmillan | Apr 20, 2022 | News
Sometimes, employment tribunals have to decide if there is a serious enough repudiatory breach of an employment contract entitling an employee to resign and claim constructive dismissal. This is often referred to as the “last straw” doctrine. In fact, the...
by Andrew Macmillan | Apr 10, 2022 | News
It is an established legal principle that employees cannot remove confidential documents from their employer (or retain confidential documents that they have removed when they were employed) for the purposes of taking legal advice. Not all employees are aware of the...