News and resources

10th August 2017

Disciplinary action against an individual for voicing religious views in the workplace did not amount to discrimination

The Employment Appeal Tribunal ruled it did not constitute religious discrimination when a Disciplinary Policy was applied to a Pentecostal Christian, for quoting a passage from the Bible condemning homosexuality and speaking of repentance during a prison church service. Tessa Robinson from RB’s Employment Team considers this decision further. Read more

27th July 2017

Employment Tribunal fees are unlawful

The Supreme Court has ruled that the Employment Tribunal fee system, introduced in 2013, is unlawful and that with immediate effect individuals will no longer have to pay issue or hearing fees to bring a claim in the tribunals. Tony Hyams-Parish, Partner and Head of Employment at RB, explains the impact that this ruling will have on employers. Read more

19th July 2017

Holiday Pay: Right to paid holiday carries over indefinitely until a worker has the opportunity to take it

The Advocate General has given the opinion that a right to untaken paid annual leave will carry over indefinitely until the worker has the opportunity to take it. Will Walsh from RB’s Employment Team considers this further. Read more

28th June 2017

TUPE: When could a business sale allow an employee to release themselves from garden leave and their restrictive covenants?

In a recent case, the High Court considered whether an employee could object to the transfer of his employment during a business sale and whether, by doing so, he could end his period of garden leave early to join a competitor. Will Walsh from RB’s Employment Team explains the outcome of this case and the potential consequences for employers. Read more

8th June 2017

Why employees will need to “mind the gap” when claiming underpaid holiday pay

The EAT has confirmed that a three-month gap between underpayments of wages breaks a "series of deductions" thereby limiting scope for employees to make retrospective claims for underpaid holiday pay. Tony Hyams-Parish, RB Partner and Head of Employment, considers what this means for employers. Read more

8th June 2017

The Gig Economy: what does the future hold for employment status?

The so called ‘Gig Economy’ has been hitting the headlines for the past few months following a wave of employment tribunal cases being brought by individuals wishing to clarify their employment status in order to cement their associated employment rights. Last month, the Work and Pensions Committee published the results of their inquiry to consider the effects of the gig economy on the welfare system and the social and economic position of workers. In the first of a two part feature, Tessa Robinson from RB’s Employment Team reviews the findings and associated recommendations published by the Committee. Read more

7th June 2017

Disability Discrimination: redundancy identified because of sickness absence

The EAT has determined that if an employee’s sickness absence leads an employer to the conclusion that the employee’s role is no longer required, this does not amount to disability discrimination. Will Walsh from RB’s Employment Team explains this decision further. Read more

7th June 2017

Employer’s Question: New misconduct allegations arising during a disciplinary hearing

We are conducting a disciplinary hearing with a manager following an allegation of misconduct. During the hearing we were told that the manager verbally abused an employee who provided a witness statement during the investigation. Can we deal with this as an additional allegation of misconduct in the same hearing, or should we deal with it later? Read more