Yes, held the Court of Appeal in Adesokan v Sainsbury’s Supermarkets Ltd. The Claimant was a Regional Manager. He was dismissed because he became aware that another colleague had issued an e-mail which attempted to interfere in and subvert an important management consultation exercise and the Claimant did nothing to remedy the situation. The Employer […]
In order to have been refused a rest break does an employee have to specifically ask for one?
The EAT in Grange v Abellio London that the answer is no. Under the Claimant’s contact of employment he was required to work an 8 ½ hour shift, which included a ½ an hour for lunch. The statutory minimum is 20 minutes rest break where the working time is more than 6 hours. However, the […]
Employment Law changes (1st October)
We normally see a raft of employment law legislation introduced on 1st October. Well, that date has come and gone with very few changes this time around. The Gender Pay Gap Regulations which we were expecting to come into force have been pushed back to April 2017. As such, the only change of note is […]
Vexatious Job Applicants – Reassuring Judgement for Employers
In the recent case of Kratzer R+V Allgemeine Versicherung AG, the European Court of Justice (ECJ) considered a situation whereby Mr Kratzer made a job application for a trainee position for graduates, which was rejected. He then complained and demanded compensation of €14,000 for age discrimination. The employer stated that the rejection was as a […]
Dismissal ‘Vanished’ despite failure to address all of the disciplinary allegations
On appeal against dismissal, it is open to an employer to substitute an alternative sanction such as a final written warning, for example. In the case of Folkestone Nursing Home Ltd v Patel UKEAT/0348/15, the Employment Appeal Tribunal considered whether an Employment Tribunal had erred in holding that an employee had been dismissed. The allegations […]
Employee prosecuted for unlawfully obtaining client data
An employee working for a waste management company in Shropshire, who sent details of 957 clients of that company to his personal email address before leaving to start a new role at a rival company, has been prosecuted by the Information Commissioners Office. The employee pleaded guilty to unlawfully obtaining personal data in the form […]