CarolineLeaver, Author at Goldenleaver
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.. made for a fair dismissal in the case of Game Retail Ltd v Laws - although it was the content and context of Mr Laws’ tweets that were the problem, not their number. This was one of them: ‘This week I have mainly been driving to towns the arse end of nowhere… shut roads and twats in caravans = road rage and loads of fags smoked’. "Not so bad", you might say.  "I've heard worse on daytime TV", you might also say. And...

Re-Use Collections Limited (Re-Use) v Mr Keith Sendall (1) and May Glass Recycling Limited (May Glass) (2) deals with some important issues that employers need to know about: What can be considered specific consideration (i.e. "value given by the employer") for the purposes of accepting new terms and conditions? Whether an employer can enforce restrictive covenants against a former employee where there has been no specific consideration given? Re-Use is a glass recycling business and had originally been a family run business (set...

As you may have heard, the much anticipated day has arrived. The Employment Appeal Tribunal has given its ruling on whether non-guaranteed overtime must be taken into account for the purposes of calculating holiday pay. Please see our earlier blog – Sun, sea, sand and the ECJ The EAT has decided that overtime which an employer is not contractually obliged to offer but a worker is contractually obliged to perform if requested, must be taken into account when calculating an employee’s...

An Employment Tribunal can award an injury to feelings award in successful discrimination cases. An injury to feelings award is a similar style award to a general damages award recovered in a personal injury case. The award is not linked to a claimant’s actual financial loss and therefore an employee can recover compensation for injured feelings when there has been no loss at all. This is an interesting case as it reaffirms that the award is not intended to be...

Whilst many of us were packing our bags for our summer holidays, the High Court was dealing with a particularly interesting and tricky issue - Sunrise Brokers LLP v Rodgers. This case sets out the proposition that an employment contract still subsists even where the employee is refusing to work and is not receiving salary, and it reinforces the concept of ‘no work, no pay’. The case also clarifies that an injunction may be obtained requiring an employee to observe the...

The holiday period is upon us, but has a ruling from the European Court of Justice (ECJ) turned a well-earned rest for employees into an expensive nightmare for employers? The right for workers to take paid annual leave comes from European legislation. It is left to the different European countries to specify how statutory holiday pay should be calculated. On the face of it, it should not be difficult to calculate holiday pay. But a number of cases over the past few...

On 30th June 2014, more employees will have the right to request flexible working.  Currently, an employee needs 26 weeks’ continuous employment, and the request must be to care for a child 17 years or younger (18 years if they are disabled) or for an adult.  As from the end of this month, the only requirement is to have 26 continuous weeks’ employment, and the request can be to do anything from caring for a child to improving a golf handicap.  How...

Below is a round up of the changes in employment law we can expect in the next few weeks: Employment tribunals and compensatory awards – The maximum compensatory award will increase from £74,200 to £76,574 (subject to the limit of one year’s pay which has existed since July 2013) in respect of dismissals that take place on or after 6th April 2014. Employment tribunals and a week’s pay – The maximum of a week’s pay increases from £450 to £464 in respect...

It is unusual for a case by an Employment Tribunal to be reported, since published decisions tend to be by the higher courts.  However Tirkey v Chandok and another has been widely reported as pre-empting a proposed change to legislation that is not expected to be made until after public consultation is completed in 2015. The reason for reporting this particular decision was that the Tribunal decided to include “caste” in the definition of race in the Equality Act 2010 (the...

We are delighted that Cummings Law has contributed to our Briefing Notes this month.  Cummings is a boutique law firm specialising in funds and fund management, offering a dedicated, bespoke legal service. The firm also provides legal advice on financings, both secured and unsecured and offers specialised legal advice for start-ups, existing funds and fund managers. Cummings’ have prepared a briefing note on taxation of Partnerships and LLPs - Guest Briefing from Cummings Law on HMRC taxation of Partnerships and LLPs. ...