Holiday entitlement – Easter conundrum

If you haven’t been in a supermarket since Christmas and not seen the inordinate amount of chocolate on the shelves, you might not know that Easter is incredibly early this year, with Bank Holidays falling on 25th and 28th March. Last year the Easter Bank Holidays fell on 3rd and 6th April. Next year Easter […]

By |2019-12-25T13:00:05+00:00February 26th, 2016|Holiday Pay|0 Comments

Lock v British Gas – Holiday Pay Commission judgment

Following our January forecast the judgement in Lock v British Gas has been released. Anyone not already doing so should calculate normal pay to include commission. There is nothing new in the decision but it does make the previous ones more binding. The principles on holiday pay are now clear: 1. Taking holiday must not financially […]

By |2019-12-25T13:01:10+00:00February 26th, 2016|Holiday Pay|0 Comments

Religious discrimination update – Right to time off judgment

A recent ET judgment suggests there is no guarantee to long periods of time off for religious reasons. In Garedu v London Underground the ET held the Respondent was right to reject the Claimant’s request to five weeks off in summer to attend a religious festival in Italy, his country of origin. The Claimant had […]

By |2016-02-26T10:45:37+00:00February 26th, 2016|Religious Discrimination|0 Comments

PJH Law News – Employment Law Update

It’s that time of year again. The end of February means the dawn of spring, a season often associated with rejuvenation, renewal, resurrection and regrowth. In the spirit of spring why not refresh you employment law knowledge and attend our annual Employment Law Update in April. (If you thought the links to Case of the […]

By |2019-12-25T13:02:37+00:00February 26th, 2016|E Learning, Employer Advice|0 Comments

Tabloid Employment Law – Sacked for simulating sex act on a banana!!!!!

Every month we bring you the most absurd employment cases that becomes sensationalist click bait. This month’s calamitous Claimant is a Police Chief Superintendent who was sacked for numerous incidents of gross misconduct. He simulated a sex act on banana whilst being interviewed for the local radio. Put his tongue in a female colleague’s ear. […]

By |2016-02-26T10:41:12+00:00February 26th, 2016|Employment Tribunals|0 Comments

Sex discrimination update – Unfairly dismissed for turning down boss’s sexual advances

Perhaps another case of tabloid employment law, Marks v Derbyshire Healthcare NHS Foundation Trust, saw the Claimant awarded over £830,000.00 in compensation. (The junior doctor’s contract will have to include Sundays to cover this loss!) Ms Marks, the Claimant, was Head of HR at the Respondent, whose chairman, Mr Baines, was a professional and personal […]

Top Gear sage – Settlement reached

This month’s newsletter should have come with the subtitle – A Tale of Two Jeremys. After nearly a year Jeremy Clarkson has apologised to producer, Oisin Tymon, and agreed to pay him (in joint with the BBC) £100,000.00 to settle any racial discrimination and personal injury claims. By settling out of court the BBC and […]

By |2016-02-26T10:31:19+00:00February 26th, 2016|Settlement Agreements|0 Comments

Bone v North Essex Partnership NHS Foundation Trust: Can an employer’s omission amount to detriments in relation to trade union activity?

Good morning, we have another case law update fresh off the digital press for you to read. Today’s case concerns trade unions and is something of a judicial foul up but in the end raises some interesting points. You can also read last week’s case on voluntary redundancy. Today’s questions Can an employer’s omission amount […]

By |2019-12-25T11:52:41+00:00February 19th, 2016|Employment Tribunals, Race Discrimination, Trade Unions|0 Comments

Khan v HGS Global Ltd & Dreams Ltd – Can a voluntary dismissal be unfair?

Another week, another case. After a long week of stormy weather and associated British small talk we thought it would be best to cut to the chase, not bother with a tenuous link and get stuck into a case about redundancy and TUPE. For those of you who already had your fill of TUPE last […]

By |2019-12-25T11:53:16+00:00February 12th, 2016|Redundancy, Settlement Agreements, TUPE|0 Comments

Mustafa v Trek Highways Services Ltd & Amey & Ringway Jacobs – Can employees still transfer under TUPE when there is a cessation of work prior to the transfer date?

TUPE, or not TUPE: that is the question. This case examines whether subcontractors whose work is halted by their employers can TUPE over to a new company whilst not working? Mr Mustafa, the Claimant, worked in traffic management for Amey, the 2nd Respondent. The 2nd Respondent was then awarded a large highway maintenance contract in […]

By |2016-02-05T08:53:34+00:00February 5th, 2016|TUPE|0 Comments

How to treat settlement sums after redundancy pay

This tax case asks whether the £30,000 tax free exemption on settlement agreement sums is applicable if the employee has already received redundancy pay? Mr Moorthy, the Claimant, was made redundant by Jacobs Engineering Ltd. He received £10,000 in statutory redundancy pay but then bought unfair and age discrimination claims against Jacobs. The claims were […]

By |2016-02-05T08:49:15+00:00February 5th, 2016|Settlement Agreements|0 Comments