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GP locums may be eligible for holiday pay – Narayan v Community Based Care Health Limited

The Employment Appeal Tribunal (EAT) has upheld an Employment Tribunal decision that a GP locum was a “worker” and was entitled to holiday pay. Facts Community Based Care Health Limited (“CBCH”) is a “not for profit” company delivering out of hours GP services to… Read More

Hincks v Sense Network

When does an unfavourable reference amount to negligent misstatement? It is commonly accepted that when a person applies for a job, they will usually be asked to provide a reference from their previous employer. By the same token, employers are usually willing to provide a reference for an employee leaving… Read More

Reilly v Sandwell Metropolitan Borough Council (2018)

Would it be fair to dismiss an employee if they had failed to disclose a relationship with a person convicted of serious criminal offence (even if this was not necessarily a breach of an express term of the employee’s contract)? This question was addressed by the Supreme Court in the… Read More

Update – Tax changes to termination payments

Background Back in the 2016 Budget, the government announced that from April 2018, it would “reform and simplify” the taxation of termination payments. Following a technical consultation, the reforms expanded and now aim to “clarify and tighten” (i.e. increase) the taxation of such payments. The tax changes came into effect… Read More

Should shared parental leave be paid at enhanced rates like maternity leave?

Not according to the Employment Appeal Tribunal (EAT). The EAT held in Capita Customer Management Ltd v Ali that maternity leave was not the same as shared parental leave, and to have pay differentials between the two was not discriminatory. The facts Mr Ali’s wife was diagnosed with postnatal depression… Read More

Can a disability account for bad behaviour?

The recent Employment Tribunal decision of Wheeley v University Hospitals Birmingham NHS Foundation Trust serves as a timely reminder that where conduct issues are said to arise from an underlying mental health condition employers should be cautious of departing from medical opinion. Facts Ms Wheeley was a long-standing employee of… Read More

The implications of King v The Sash Window Workshop for backpay claims

A recent ECJ case has set out that employers can be ordered to provide paid holidays to even apparently self-employed contractors. The ECJ went on to provide that backpay holiday claims could stretch back to the worker’s commencement. Facts Mr King worked for The Sash Window Workshop Ltd between 1999… Read More