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

19th July 2017

Employer’s Question: Post termination restrictions

Our new sales rep cannot carry out his role because of post-termination restrictions in place with his former employer. We didn’t know about them before he joined. Can we terminate his employment immediately on grounds that he can’t perform his side of the contract? 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

27th June 2017

Restrictive Covenants: Are employees under a duty to disclose their intention to compete?

The High Court recently ruled that employees are probably not under a duty to disclose their intention to compete. Tony Hyams-Parish from RB’s Employment Team looks at the judgment in further detail. 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

18th May 2017

Employer’s Question: Probation periods

We are terminating the employment of our office manager. His contract has a one week notice period during his three month probationary period, which then increases to twelve weeks once probation is completed successfully. He reached three months of service last week but we have not yet confirmed whether he has passed his probation. Can we still terminate with a week’s notice? Read more

27th April 2017

Unfair dismissal: Is an appeal hearing a review or re-hearing?

In a case concerning a long term sickness dismissal, the Court of Appeal has ruled that where brand new evidence comes to light before an appeal hearing, then the appeal panel must take it into consideration when reaching their conclusion. Tony Hyams-Parish from RB’s Employment Team explains the rationale for this decision. Read more

30th March 2017

Termination of employment: notice not effective until actually read

The Court of Appeal has decided that a notice giving termination of employment sent by an employer was not effective until opened by the employee a week later. Will Walsh from RB’s Employment Team comments on this case further. Read more