Can an employer part pay salary with season tickets for a football club even if this takes the employee's wage below the national minimum wage? This is the interesting case that presented itself in the EAT's decision in HMRC v Middlesbrough Football and Athletic Company (1986) Limited. The case began as HMRC, who are responsible … Continue reading Middlesbrough FC not paying National Minimum Wage
The FOI Man blog has reported on the first prosecution by the Information Commissioner (ICO) under section 77 of the Freedom of Information Act 2000. This provides that where a public authority has received a request for information it is a criminal offence for a person to alter that information with intent to prevent disclosure. … Continue reading FOI and Subject Access Request Misconduct
The Burchell Test, taken from the EAT's decision in BHS v Burchell is still, over 40 years after it was first delivered, the main (but by no means only) test by which the fairness of a conduct dismissal is judged. The three-fold test sets out three questions which must each be answered positively: Did the … Continue reading Health Related Investigations
The FDA union has been busy recently. A couple of weeks ago it was reported that the union were supporting Sonia Khan in an unfair dismissal case arising from her sacking as a special adviser. Having read the basics of that case then, without making any comment on the underlying substantive reasons I think I … Continue reading Sir Philip Rutnam and Constructive Dismissal
For disabled employees the Equality Act 2010 sets out seven different types of discrimination. Of all the these it is the concept of discrimination arising from disability that I have found to be most useful when assisting employee in workplace disputes. I have discussed this before on the blog (see here and here) but, by … Continue reading Arising in consequence
Last week I concluded my series on the Supreme Court's decision in Jhuti. In the last post I raised a question of whether Jhuti applied if a person in the hierarchy of responsibility had knowledge which the dismissing manager did not have that did not change the reason for dismissal but was a factor that could … Continue reading Attribution of Knowledge in Unfair Dismissal
In the previous two posts (here and here) I summarised the effect of the Orr judgement on the fairness of dismissals and how the the effect of Orr on how an employment tribunal will determine the reason for dismissal has been tweaked by the Supreme Court's decision late last year in Jhuti. I think 'tweak' is the right term, … Continue reading The Mind of the Decider (3): Problem Solved?
The question of whether an employee can successfully challenge an employer for disability discrimination will depend on the employee being determined to be disabled at relevant time. Therefore, if an employee is dismissed of 1 April but an Employment Tribunal determines that the employee only became disabled on 14 April there will be no disability … Continue reading Disability needs to be ‘long term’ at the time of mistreatment
Tim Roache, General Secretary of the GMB Union has come out on the defensive over accusations of a no strike agreement between G4S, who provide security for Job Centres and the Union. Seeing some shite on social media from people I wouldn’t normally respond to. But just to be clear. @GMB_union has never signed a … Continue reading GMB’s No Strike Agreement?
In April 2019 the statutory right to a payslip, under section 8 of the Employment Rights Act 1996, was extended to all workers however the right for employees is a longstanding one. Section 8(1) sets out that a "worker] has the right to be given by his employer, at or before the time at which … Continue reading The Electronic Payslip: Widespread Illegality?
Some of the abiding images of past industrial disputes are of large confrontations of police and striking miners, and some three decades on questions are still being asked about the the violent conduct of Police at Orgreave. To a large, but by no means complete extent, the Police's approach to striking workers in the UK in … Continue reading Policing of Union Protests: Independent Enforcers of the Peace or Employer Stooge?
A decision issued by the Employment Appeal Tribunal yesterday declared that Alec McFadden, a Unite union member and representative was unlawfully disciplined by his union. The original disciplinary proceedings gathered some media coverage in the Liverpool Echo. A trade union has the right to discipline its members if a member breaches a rule of the … Continue reading Unite improperly pursued disciplinary against union member
I have been tempted in the past to establish a 'hall of shame' feature on the blog to highlight the depths some employers will go in their treatment of employees based on public decisions of their conduct in caselaw. If I were ever to do so Base Childrenswear Ltd would surely stake a claim for … Continue reading Lying employer shifts burden of proof in discrimination claim.
At midday today the ballot of union members for PCS Union's General Secretary election closed. I am pleased to say that votes have now been counted and the results have been published with the declaration that Mark Serwotka, the incumbent, has been re-elected as the union's General Secretary for a five year term. With the … Continue reading PCS members re-elect Mark Serwotka as General Secretary
The Central London Employment Tribunal have recently found in Sethi v Elements Personnel Service Ltd that a recruitment agency indirectly discriminated against Mr Sethi for reasons related to his religion. Mr Sethi is an adherent of the Sikh faith. Reading the judgment it is abundantly clear why that decision was made, it is one of … Continue reading Recruitment agency discriminates against Sikh job applicant – how indirect discrimination works
Workers in the Whirpool factory in Bristol have just secured a 13.75% payrise as the company gave into demands from Unite union in advance of a planned strike on 12 December. Prior to the threat of strike action Whirlpool had only been willing to offer a 1.25% raise for workers who were already low paid. … Continue reading Whirlpool workers secure 13.75% pay rise after threat of strike action
The Supreme Court's long awaited decision in Jhuti has now been delivered which is one all employee reps would do well to be aware of. The legal issue which the judgement addresses was surveyed a few weeks ago in which I expressed hope that the Court of Appeal's decision in Orr would be overruled. To recap, under … Continue reading The mind of the decider (2): The effect of Jhuti
If the Fixed Term Worker Directive, the EU law that provides for employment protection for fixed term workers, is to be believed "contracts of an indefinite duration are, and will continue to be, the general form of employment relationship between employers and workers." I have to say I have some scepticism of that statement and … Continue reading Fixed term employee dismissals
Over 50 employment Law specialists in the UK have written a open letter on the Labour Party's employment law plans, which offer the most comprehensive extension of employment protections for workers in living memory, to be "a credible plan of action." The full text of the letter, published on 6 December 2019, reads: "Britain’s labour … Continue reading UK academics declare Labour’s employment law reforms offer “a credible plan of action.”
In February I made reference to the unfortunate decision of the Court of Appeal in Royal Mail Group Ltd v Efobi  IRLR 352 to overturn the Employment Appeal Tribunal's earlier interpretation of section 136 of the Equality Act 2010 that made it easier decision to establish that the burden of proof at which a … Continue reading The return of Efobi? The burden of proof in discrimination claims.
Earlier this year PCS successfully concluded a protracted indirect discrimination legal claim on behalf of members. That claim, which that went all the way to the Supreme Court, resulted in more than £1 million compensation being awarded to members within the department who alleged they had been discriminated against. It has just been announced that … Continue reading PCS union launches legal action against Home Office over check-off removal
This is Godwin, he is a cleaner at St Mary's hospital employed by Sodhexo. Godwin, along with fellow UVW Union members has been on strike seeking insourcing of contracts. In flagrant breach of employment protections for striking employees Sodexo sacked him as soon as he returned to work. Sodexo claimed he was on a zero … Continue reading UVW secure reinstatement of striking worker
Section 94 of the Employment Rights Act 1996, if read in isolation, gives a very valuable right to all employees - the right not to be unfairly dismissed. However, by a series of qualifications what sounds a universal right is in fact only of benefit to a smaller percentage of employees. The Labour Party Manifesto … Continue reading On Labour Manifesto Commitments and Hash Brown Related Dismissals
For union representatives in PCS, which has a majority membership of civil servants, there is limited need to be aware of the protections provided by the Transfer of Undertakings (Protection of Employment) Regulations 2006, or TUPE as it is more commonly called. But for union representatives more generally this is a key area upon which … Continue reading IWGB secure important judgment on TUPE and Workers