Director’s Wrongful Dismissal Claim Can Proceed to Trial

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In a case that broke new legal ground, a former company director has been granted permission to pursue a wrongful dismissal claim in conjunction with unfair prejudice proceedings under Section 994 of the Companies Act 2006. The man was sole director of a restaurant bookings company that merged with another. He entered into a service […]

18/11/2016 by MrFinch

BBC Producer’s Final Written Warning Inappropriate

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Workplace disciplinary processes often have a number of distinct phases and legal errors in any one of them can be enough to infect the whole. That point was made in the case of a BBC producer who was summarily dismissed after being issued with a manifestly inappropriate final written warning. The producer had a record […]

16/11/2016 by MrFinch

Employment Status Disguised Race Discrimination

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Discrimination in the workplace comes in many guises, not all of which are obvious at first sight. In one case, an Employment Tribunal (ET) identified an unusual example in the form of a policy that resulted in workers who were perceived as having uncertain immigration status being paid less than their peers. The case concerned […]

10/11/2016 by MrFinch

Do You Understand Anti-Discrimination Rules?

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Any business, however small, that deals with the public would be wise to seek legal advice on how to ensure compliance with anti-discrimination laws. In one case that made that point, a retail bakery was found to have discriminated against a gay customer when it refused to ice the message ‘Support Gay Marriage’ onto a […]

31/10/2016 by MrFinch

Uber Drivers Triumph in Employment Rights

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Taxi app phenomenon Uber has suffered a serious blow to its business model after its claim that it works for its 30,000 London drivers, rather than the other way round, was dismissed as pure fiction by an Employment Tribunal (ET). The ruling means that Uber drivers have all the rights of ordinary workers. The test […]

28/10/2016 by MrFinch

Settlement of Employment Disputes The Parties Must Have Capacity

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What happens if one of the parties to a settlement in an employment dispute does not have the capacity to reach such an agreement? That quandary was considered by the Employment Appeal Tribunal (EAT) in a case that broke new legal ground. A teacher had accused his local authority employer of harassment, victimisation and direct […]

18/10/2016 by MrFinch