Subject Access Requests by Employees

Nigel Farage’s recent high profile dispute with Coutts Bank has brought subject access requests (SARs) back into focus but what exactly are they? A subject access request is a request by an individual to access their personal information held by any data...

Flexible Working

The Employment Relations (Flexible Working) Act 2023 has completed its passage through Parliament and now awaits Royal Assent. There are several things it changes about the current flexible working regime and several (possible more notable) things that it does not. In...

Strikes and Agency Workers

Was it lawful for the Government, without consultation, to revoke legislation which prevented workers on strike being replaced by agency workers? No, held the High Court in a recent case brought by the ASLEF union. The Secretary of State had, through the Conduct of...

Employment Status

Can a person be an employee or worker of two different employers at the same time in respect of the same work? No, decided the Employment Appeal Tribunal (EAT) in the recent case of United Taxis v Comolly. Mr Comolly was a taxi driver who carried-out work driving...

Harassment

Can a Claimant be harassed if they were not aware of the act of harassment? No, held the Employment Appeal Tribunal (EAT) in the recent case of Greasley-Adams v Royal Mail Group Limited. The Claimant argued that he had suffered harassment in relation to his disability...

Manifestation of Religion or Belief

In discrimination claims for manifestation of a religion or belief, does a tribunal have to decide whether an employer’s actions were motivated only by the objectionable manifestation of a religion or belief, rather than the belief itself? Yes, held the Employment...

Return To Work Interviews

Return to work interview questions designed to reduce amounts of sickness absence: As a guide, the following questions and points can provide a helpful framework for the return to work interview: Welcome the individual back. They may be feeling worried, particularly...

Health and Safety Detriments

Was the Claimant subjected to a detriment and/or dismissed for health and safety reasons when he resigned his employment having refused to go back to work as a driving examiner during the Coronavirus pandemic? No, held the Employment Appeal Tribunal (EAT) in a recent...

Royal Assent for new Family Friendly Legislation

Three Acts (stemming from Private Members’ Bills) received Royal Assent yesterday. The Neonatal Care (Leave and Pay) Act allows eligible employed parents whose new-born baby is admitted to neonatal care to take up to 12 weeks of paid leave, in addition to other leave...