Directive 97/81, the Part-time Work Directive precludes national legislation which makes the payment of additional remuneration for part-time workers and comparable full-time workers uniformly contingent on the same number of working hours being exceeded in a given activity, such as a pilot’s flight duty, in order to compensate for a workload particular to that activity,… >>
The Advisory, Conciliation and Arbitration Service (Acas) has updated its guidance on ‘supporting mental health at work’ with a new subsection entitled ‘Having a policy’ which sets out what a mental health policy should include. Pro Employment LawFormed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment… >>
In AB v Royal Borough of Kingston upon Thames (ET/2303616/2021), an employee of the Borough of Kingston council won nearly £25,000 in damages after convincing the Employment Tribunal that the council discriminated against her while she was undergoing a gender transition by using her previous name. The tribunal ruled in a judgment published on 13… >>
Opposition to critical race theory can be considered a philosophical belief and is a protected characteristic under UK equality laws, an employment judge has ruled in a discrimination claim brought against Acas, the government’s workplace conciliation service. In a judgment dated 11 September 2023, Employment Judge Kirsty Ayre said that Sean Corby’s views on critical… >>
Police officers and civilian staff in Northern Ireland are entitled to claim for underpayments of holiday pay going back many years following their employer’s failure to include overtime in its holiday pay calculations because: (1) the EU principle of equivalence requires the police officers to be allowed the more advantageous series extension found in the… >>
A new Employment Appeal Tribunal (EAT) Practice Direction 2023 has been issued by the President of the EAT, the Honourable Mrs Justice Jennifer Eady DBE, providing guidance on the practice and procedure governing appeals to the EAT. In addition, this new Practice Direction contains two new forms for (i) applying for a Rule 3(10) or… >>
In the period from 1 April to 30 June 2023 (Q1 2023/24), a total of 23,693 claims were received by employment tribunals, 33% of which were single claims (7,883), and the remaining 67% (15,810) were multiple claims, 13,781 claims were disposed of (of which 7,065 were single claims), and 470,898 claims were outstanding (including 34,794… >>
Insurer Direct Line has successfully defended a case by a claims adviser that it unfairly dismissed him, with an appeals tribunal ruling that the employee agreed to terminate his employment after his mental health problems meant he could not work. Pro Employment LawFormed in 2017, following significant legislative changes designed to increase competition within the… >>
The Employment Appeal Tribunal has ruled that an NHS trust must pay three senior staff a total of almost £82,000 in redundancy payments after their refusal to accept suitable alternative roles in the organisation during a restructure was found not to have been unreasonable. Pro Employment LawFormed in 2017, following significant legislative changes designed to… >>