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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
When does notice take effect?
The Supreme Court handed down a judgment last week in the case of Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood confirming that where a contract is silent on when notice is deemed to be given, notice takes effect when it is actually received by the employee and they… Read More
Zero hours and annual leave
Many employers choose to calculate holiday pay for their zero hours workers as 12.07% of their normal pay. A recent decision by the Employment Appeal Tribunal, Brazel -v- The Harpur Trust (2018), may lead to some employers rethinking this. Facts Mrs Brazel was engaged by the Harpur Trust as a… Read More
Poor Performance and Misconduct – Navigating the Minefield
“No man is an island” – this phrase is particularly pertinent in the workplace, given that many of us depend on the skills, experience, expertise or manpower of employees in order to succeed. Whilst employing staff is positive and beneficial for the most part, it also involves issues and potential… 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