Kellogg Brown & Root (UK) Limited v Filton – Can employees be dismissed for misconduct for refusal to obey a mobility clause in their contract?

Welcome back to your weekly case law update, last week we had our February newsletter which covered the Trade Union Act and minimum wage offenders. Prior to that, your last instalment of case law concerned employment status and discrimination. This week we shall be looking at whether employees can be dismissed for misconduct for refusing [...]

Employment law forecast 2017

After our weather forecast of snow did not come to fruition, we will stick to Employment Law. Here are a few things that will be happening in 2017. Trade Union Bill    Whilst no implementation date has been set, the Bill will introduce a number of proposed changes to current strike action: - 50% turnout threshold for [...]

An Employment Law Review of 2016

Season’s greetings to you and welcome to our final newsletter of the year. Last week’s case law update was an ECJ case about fixed term contracts. We would also like to highlight our Christmas FAQs for anyone who hasn’t already read them. As it is the final update of 2016 we thought we would make [...]

Gender Pay Gap Reporting – Latest Timeline

The latest timeframe has been announced for gender pay gap reporting. From 6 April 2017 the Equality Act 2010 (Gender Pay Gap Information) Regulations will come into force which will require all private or voluntary sector employers with 250 or more employees to publish gender pay data on their website. Companies of that size who pay [...]

Shared Parental Leave – Latest Statistics

A survey by CIPD has found that just 5% of fathers and 8% of mothers have opted to take shared parental leave since it was introduced 18 months ago.  We previously discussed why take up was so low and this survey added it may also be because free childcare is only applicable to children aged 3 and [...]

JD Sports – Worse conditions than Sport’s Direct

Over the past 12 months Sports Direct has deserved all the flak it received for the atrocious conditions reported in its warehouses. However, unfortunately it seems it isn’t the only sportswear brand that treats its staff terribly. In a recent newspaper report, it was found that staff at JD Sports were threatened with dismissal if they sat [...]

PJH Law News – Christmas Message

First of all, a bit of housekeeping. Over the Christmas period we will be shut between 5.00pm on Wednesday 21st December 2016 until 8.30 am on Tuesday 3rd January 2017. Although contact is available via mobile phones in the event of an emergency. As it is the season of goodwill we would like to raise [...]

Bellman v Northampton Recruitment Ltd – Can an employer be vicariously liable for an assault committed by an employee after its Christmas party has finished?

Hello and welcome back to our weekly Case Law Update. Last week’s newsletter had numerous features, including a breakdown of the Autumn Statement which is worth a read. This week, in the spirit of Christmas, we have decided to give you two cases (we will let you decide whether that spirit is generosity or forced [...]

Wright v Silverline Care Caledonia Ltd – Can a Claimant who has been found to be unfairly constructively dismissed be denied compensation for declining an offer of re-employment from the Respondent?

Our next case is thankfully not as gruesome as the first and concerns constructive dismissal and mitigation of losses. Under Section 123(4) Employment Rights Act 1996, Claimants have a duty to mitigate their losses in unfair dismissal claims and a failure to do so will reduce the compensatory award. This includes looking for work, not [...]

Autumn Statement – Employee Shareholder Status tax exemption stopped

Introduced by the Coalition in 2012, Employee Shareholder Status allowed companies to make highly skilled employees – or any employee - a shareholder. For at least £2,000 worth of shares, which were both income tax and capital gains tax exempt, the employee would give up some employment rights, including unfair dismissal rights, the right to [...]