NHS 24 v Pillar – Can a dismissal be fair if the disciplinary investigation and decision to dismiss are based on previous misconduct incidents that did not result in disciplinary action?

NHS 24 v Pillar Hello and welcome back to your case law update. First off, after a glut of cases covered in September, we were unable to send out an update the past two weeks due to a dearth of relevant cases. Thankfully, that shortage is over now and we hope your updates can resume [...]

Gig Economy News – Addison Lee drivers are workers

Employment status has been the big issue for employment law this year. Taxi drivers, couriers, plumbers and even interpreters have all had cases that relate to sham self-employment and a recent Employment Tribunal case added further argument that agents of these companies will often be workers and not self-employed contractors. In this case, the Claimants [...]

de Mota v ADR Network Ltd and The Co-operative Group Ltd – Do you need separate ACAS Early Conciliation Certificates for each Respondent?

de Mota v ADR Network Ltd and The Co-operative Group Ltd Our next case concerns Early Conciliation (EC). Section 18A of the Employment Rights Act 1996 requires prospective Claimants to complete ACAS Early Conciliation by providing the correct information to complete an EC form and upon completion obtain an EC Certificate with a valid reference [...]

Abbeyfield Wessex Society Ltd v Edwards – Does an employer’s assertion to clients that someone will be able to cover work 24/7 entitle the employee to the minimum wage for the duration of a sleep-in shift?

Abbeyfield Wessex Society Ltd v Edwards Our final case this week is a wages claim. Earlier in the year we reported some NMW cases that laid down the criteria for deciding whether on-call or sleep-in workers should be paid the minimum wage for their shift. The criteria were: (i)        The employer’s particular purpose in engaging [...]

Johnstone & Johnstone v Glasgow City Council | Can multi-dimensional treatment foster carers be employees of the local authority whom they foster for?

Welcome back to your weekly case law update. Last week we looked at two cases, one of them concerning equal pay, the other a right to privacy. The latter of those cases was an ECHR case that could have significant impact on email and social media monitoring both during recruitment and the course of employment. This week [...]

A v B | Should Claimants who paid a fee to bring their claim be entitled to that money back from the Respondent as part of their award?

A v B Our second case is about another hot topic in employment law, Tribunal Fees. Despite being recently removed from the ET website this case posed an important question: Should Claimants who paid a fee to bring their claim be entitled to that money back from the Respondent as part of their award? Little is [...]

Lighter Side Of The News – Butcher Sacked For Sharing Rival’s Offer On Social Media

To round off this month’s update we bring you another tale of haphazard employment law. A guilty-pleasure browse of any tabloid website will no doubt feature an article on someone who was sacked for arbitrary/ridiculous/hilarious (delete as appropriate) reasons and this month is no different. This month’s culprit was a butcher who was dismissed for gross misconduct [...]

Dudley Metropolitan Borough Council v Willetts and others

Dudley Metropolitan Borough Council v Willetts and others Good morning and welcome back to your weekly case law update. Last week’s newsletter had features on the abolition of Tribunal Fees, the Taylor Review and the BBC Gender Paygap Data – a landmark month for employment law. This week’s case, Dudley Metropolitan Borough Council v Willetts [...]