Employmentbuddy - Your best buddy in human resources
Aug
23
2018

Refusal to postpone disciplinary hearing when companion not available was unfair

In Talon Engineering Ltd v Smith, the Employment Appeal Tribunal (the ‘EAT’) held that an employer’s refusal to postpone a disciplinary hearing for two weeks to enable the Claimant’s union..

Aug
16
2018

Five month break in activities did not prevent a TUPE transfer

In this recent case, the management of a school in Spain was sub-contracted out by the local authority. In the midst of a dispute the contractor dismissed all of the..

Aug
16
2018

Legal Privilege may not apply to advice to “Cloak Discrimination”

As a general rule, a lawyer’s advice to their client is legally privileged. However, there is an exception to this, known as the iniquity exception, which applies when advice..

Aug
10
2018

An employment tribunal was wrong to limit a claim to ‘the top 10’ allegations

Many employers will be familiar with the difficulties which arise when an employee alleges numerous legal breaches, citing large numbers of incidents.In the case of Tarn v Hughes & Ors,..

Aug
10
2018

Respondent barred from liability hearing may still participate in remedy hearing

The Court of Appeal held in Office Equipment Systems v Hughes that even where a party is debarred from contesting liability at a hearing, they should normally be permitted to..

Aug
03
2018

Home Office updates Tier 2 sponsor guidance for businesses

In July, the Home Office updated its sponsor guidance for businesses sponsoring Tier 2 and 5 workers. HR teams and those responsible for managing sponsorship duties, should ensure they are..

Aug
03
2018

Employers’ duty of care to employees does not extend to the conduct of litigation

The Supreme Court recently held that employers sued on the basis of vicarious liability for acts of their employees do not owe those employees a duty to defend the proceedings..

Aug
03
2018

No extra time where notice of appeal lost in the post

In Haydar v Pennine Acute NHS Trust, the Claimant had brought claims against his employer which included unfair dismissal and discrimination. His claim for discrimination was dismissed and,..

Jul
27
2018

Strike action could not go ahead despite a majority of votes in favour

Before a strike can be lawful, unions have to hold a secret postal ballot of the union members who could take part. Earlier this year, the government offered civil..

Jul
26
2018

Caste is not going to become a protected characteristic

Following a consultation progress, the government has decided that specific legal protection against caste-based discrimination is not required. It says that it has not been able to identify a..



Page 7 of 183