Shielding Employees Refusing to Work, Statutory Sick Pay Furlough

Where shielding employees can work from home, they should. Where they can’t, government advice is that they should not attend work. Employees who are shielding can be furloughed to mitigate the financial impact on them of having to shield (subject to meeting the qualifying rules of the furlough scheme). Under the furlough rules, employers are [...]

Quayum v Firstsource Solutions (UK) Ltd

  The questions this week are: Is an employer’s reasonable belief of a breach of contract enough to defend a wrongful dismissal claim? Is it ever sensible to defend a claim to tribunal over one week’s notice pay? Mr Quayum, the Claimant, commenced employment with Firstsource Solution, the Respondent, as a customer experience adviser. The [...]

By |2020-04-24T09:42:53+00:00April 24th, 2020|Breach of Contract, Case of the Week - Blog|0 Comments

Flexible Working – Hangover Days

It’s Christmas party season. It’s festive drinks season. It’s using anything as an excuse to have a glass of Baileys or bucks fizz season. Indeed, ‘tis the season to be jolly is really longhand for getting somewhere between well-oiled and truly trollied! One company, in a bid to attract young and talented staff has actually [...]

By |2019-12-24T16:54:57+00:00December 19th, 2019|Contract of Employment|0 Comments

Gig Economy: Ken Loach and Sorry We Missed You

With Christmas around the corner and Black Friday deals well underway, now is not only the beginning of the season to be jolly but also the season of round the clock courier deliveries. The online shopping boom means couriers are busier every year and this shines a light on the gig economy. We have long [...]

By |2019-12-30T11:27:57+00:00November 29th, 2019|Contract of Employment, Gig economy, Zero Hours|0 Comments

Egbayelo v Ocado Central Services Ltd: Can an employee reject changes to the contract of employment that are negotiated by collective agreement?

Case of the Week   Another Friday is upon us which means it is time for another dose of case law. Last week’s update concerned sex discrimination and legal costs. This week we have two cases for you, there is no special reason for this bumper edition other than there is a dearth of HR […]

Okedina v Chikale: Can a contract tainted by illegality prevent an employee from bringing an employment tribunal claim?

This case is about domestic workers and asks: Can a contract tainted by illegality prevent an employee from bringing an employment tribunal claim? Ms Okedina, the Respondent, was a Malawian national who lived and worked in the UK. Ms Chikale, the Claimant, had worked for the Respondent in Malawi looking after the Respondent’s parents. The […]

Tillman v Egon Zehnder

Greetings and welcome back to your weekly dose of case law. Last week’s case was about religious discrimination and focused on expressing views about gay marriage and single parenthood. This week, we have two cases; one concerning restrictive covenants and another concerning tribunal procedure and awards. This is a case that we have covered at […]

By |2019-12-30T11:31:19+00:00July 11th, 2019|Case of the Week - Blog, Restictive Covenants|0 Comments

PILON and PENP – Contract Clauses and Tax

For many years payment in lieu of notice (PILON) clauses were the enemy of employers. In the absence of a PILON clause, any employee they wished to exit via settlement would be able to get up to £30k tax free and this could include the equivalent PILON payment. As the PILON was rolled into the […]

By |2019-12-30T11:31:48+00:00June 28th, 2019|Contract of Employment, IR35 Tax|0 Comments

Govdata Ltd v Denton – Can a claim for failure to provide terms of employment succeed if the terms were provided before the claim was issued?

Govdata Ltd v Denton Easter, a time of chocolate, roast dinners and long weekends. It also means you get your case law update a day early! Last week we looked at Director’s liability for breach of contract claims. In that case it was held that Director’s could be personally liable for any statutory breach of contract. […]

By |2019-12-23T17:51:11+00:00April 18th, 2019|Contract of Employment|0 Comments

Antuzis v DJ Houghton Catching Services Ltd & Ors.

This week we are looking at Director’s personal liability. This is an issue we covered previously in the case of Timis & Sage v Osipov. That case found Directors could be liable for whistleblowing awards. In this case, the question is: Can Directors be liable for breaches of an employee’s contract of employment? Mr Antuzis […]

By |2019-12-30T11:32:33+00:00April 11th, 2019|Breach of Contract, Case of the Week - Blog|0 Comments

Brown & Anor v Neon Management Services Ltd & Anor

This week we are once again looking at covenants (groans) but this time through the lens of wrongful dismissal. The question this week is: Can an employer enforce post-termination restrictions against an employee who has been wrongfully dismissed? Can the length of a notice period affirm a breach of contract? The Claimants, Mr Brown, Ms […]

By |2019-12-30T11:33:17+00:00February 25th, 2019|Breach of Contract, Restictive Covenants|0 Comments

Freshasia Foods Ltd v Jing Lu

This week we are looking at the enforceability of restrictive covenants. Restrictive covenants are a contractual clause that limits a former employee’s activities for a defined period of time post-termination in order to protect a legitimate business interest. These interests can include clients, staff, competitors and company information. Generally speaking, the enforceability of a covenant […]

By |2019-12-30T11:33:57+00:00February 14th, 2019|Case of the Week - Blog, Restictive Covenants|0 Comments

Richmond v Selecta Systems Ltd

Good morning and welcome back to your weekly case law update. Last week’s case was yet another employment status case concerning domestic carers. This week, to the delight of many readers, we move away from employment status and into the realm of High Court contract and negligence claims. Today’s case is a breach of contract […]

By |2019-12-30T11:34:29+00:00January 24th, 2019|Breach of Contract, Case of the Week - Blog|0 Comments

Archbishop of Canterbury – Gig Economy & Schadenfreude

The end of September brings two things: The awakening of the singer from Green Day; and our monthly employment law update. Last month’s update had features on the Boris Johnson burqa scandal, outsourcing and an employee sacked for having a man bun. Meanwhile, last week’s case law update had cases on constructive dismissal and unfair […]

By |2019-12-30T11:34:57+00:00September 28th, 2018|Gig economy, PJH & Industry News, Zero Hours|0 Comments