In Garamukanwa v Solent NHS Trust UKEAT/0245/15, the Employment Appeal Tribunal (EAT) held that an employee did not have a reasonable expectation of privacy under Article 8 of the European Convention on Human Rights in respect of emails sent to a work colleague and photos on his mobile telephone that the police had passed to […]
Christian Preaching and Discrimination
Ms Wasteney was issued with a formal warning after complaints were made by a junior colleague of Muslim faith about her behaviour. The allegations included Ms Wasteney praying with the colleague, the laying on of hands, giving the colleague a book which concerned conversion to Christianity of a Muslim woman and inviting the Muslim colleague […]
Restrictive Covenants
In Bartholomews Agri Food v Thornton [2016] EWHC 648 (QB), Mr Thornton commenced employment as a trainee agronomist in 1997 and when he resigned in 2012 his employer sought to rely on a clause in his contract of employment which prevented him from working for any of the employer’s existing customer base for 6 months. […]
National Minimum Wage
The National Minimum Wage Amendment Regulations come into force on 1st April 2016. After that date the rates will be: – Age 25 plus – £7.20 per hour. This is to be known as the “National Living Wage” but in reality it is simply the new top rate of the National Minimum Wage. – 21 […]
Pulling a Sickie
In the case of Metroline West –v- Ajaj an Employment Appeal Tribunal Judge ruled that an employee who “pulls a sickie” is representing that he is unable to attend work by reason of sickness. However, if that person is not sick, this amounts to dishonesty and to a fundamental breach of the trust and confidence […]
Does commission need to be included in the calculation of holiday pay?
Yes said the Employment Appeal Tribunal (EAT) this week in the much awaited case of Lock v British Gas (2016) Mr Lock was a British Gas Salesperson. His remuneration package consisted of basic pay plus results based commission. When he went on holiday he was paid basic pay only. Mr Lock brought a claim in […]