Scope of Dismissal for Gross Misconduct Clarified
In Dunn v AAH Ltd, the Court of Appeal has upheld a ruling that an employee's failure to follow instructions and report on a significant risk issue so undermined trust and confidence that the employer was entitled to treat the contract as repudiated and terminate it without notice.
The case concerned the finance director and the managing director of AAH Ltd, who were dismissed summarily (i.e. without notice) for failing to notify the German parent company (Celesio) of an issue that had arisen with one of their suppliers.They had become aware that there was a significant risk that the supplier, introduced by an ex-employee of a sibling company, was perpetrating a fraud that exposed them to around £10.9 million.
Continue Reading...Employment Newsnotes (Issue 48, Spring 2010)
LS Newsnotes Issue 48 Spring 2010
(PDF) is an occasional publication by
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The potential implications of a Conservative government for employment law
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Bullying and harassment in the workplace
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Tribunal and court decisions rewriting
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A successful age discrimination claim by a middle-aged employee
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Severe weather: employment law issues
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Serial litigants in employment tribunals
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Employment of children
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Scope of the right to claim discrimination on grounds of 'philosophical belief'
EU 20-Week Maternity Leave Proposal: UK Implications
The recent vote by a committee of the European Parliament in favour of women becoming entitled to a minimum of 20 weeks' fully paid maternity leave has been causing concern in the United Kingdom. The Government had anticipated having to make few significant amendments to UK law as a result of the European Commission's original proposals to amend the EC Pregnant Workers Directive (92/85/EEC).
Continue Reading...Anti-Blacklisting Regulations in Force
The Employment Relations Act 1999 (Blacklists) Regulations 2010, which prohibit the blacklisting of trade union members and activists, came into force on 2 March 2010. Broadly, the Regulations prohibit employers, employment agencies and others from using such blacklists for discriminatory purposes such as employment vetting.
Under the Regulations, it is unlawful to compile, use, sell or supply 'prohibited lists', subject to certain exemptions. Workers have the right not to be subjected to detriment or dismissal for a reason connected to a prohibited list. Individuals and trade unions can bring claims in the Employment Tribunal or County Court if they have suffered loss or are threatened with potential loss as a result of unlawful activities.
Continue Reading...'No Visible Jewellery' Policy Not Discriminatory
In Eweida v British Airways plc [2010] EWCA Civ 80, the Court of Appeal has ruled that British Airways' dress code, which prevented a Christian employee from wearing a small, visible cross with her uniform, did not amount to indirect religious discrimination.
Ms Eweida has worked for British Airways (BA) since 1999. In 2004, the company introduced a new uniform with an open neck and a uniform policy that prohibited employees from wearing any visible adornment around their neck. Ms Eweida came into work on three occasions wearing a small cross on a chain, but concealed it when asked to do so. On a fourth occasion she refused to conceal it and was sent home.
Continue Reading...New Right for Employees to Request Time Off for Training
A new right to request time off to undertake study or training will be available to employees working in businesses in the UK employing 250 or more people, with effect from 6 April 2010. The law will be extended to all organisations, regardless of size, from April 2011.
Continue Reading...Regulations on Equal Treatment for Agency Workers Finalised
The Agency Workers Regulations 2010, implementing the EC Temporary Agency Workers Directive (2008/104/EC) have been put before the UK Parliament, although they will not come into force until October 2011. The Regulations provide all employment agency workers with a right to equal treatment in basic working and employment conditions with their directly employed counterparts after 12 weeks in a given job.
Continue Reading...Change to UK Whistleblowing Regime: Tribunals to Have Power to Alert Regulator
Under draft legislation due to come into effect on 6 April 2010, claimants to UK employment tribunals will be able to tick a box on their claim form indicating whether their claim involves allegations of a protected disclosure and, if so, whether they wish the tribunal to pass on such allegations to the relevant regulatory body. If the tribunal accepts the claim and considers it appropriate to do so, it may send a copy of the claim, or part of it, to one or more regulators set out in a prescribed list. The tribunal would then write to the claimant and respondent to confirm that a copy of the claim form, or extracts from it, has been disclosed.
Continue Reading...A Guide to the New Bank Payroll Tax
Lewis Silkin has published a guide (pdf) to the new, one-off 'bank payroll tax' (BPT) that was announced by the Government last month. The tax is payable at a rate of 50% on bonuses (including deferred bonuses and share awards) paid or awarded by banks and certain other financial institutions in the period between 9 December 2009 and 5 April 2010. (The Government has, however, indicated that this period might be extended.) BPT is in addition to the income tax and national insurance contributions also payable on bonuses and results in a combined effective tax rate of over 100%.
Continue Reading...Court of Appeal Rejects Christian Registrar's Same-Sex Appeal
In Ladele v London Borough of Islington and another, the Court of Appeal has ruled that a local authority did not unlawfully discriminate against an orthodox Christian registrar on grounds of her evangelical beliefs by requiring her to officiate at same-sex civil partnership ceremonies. The case highlights the contentious issue of individuals' rights in connection with religious belief conflicting with the other protected rights.
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