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Špadijer v Montenegro: ECtHR decides Article 8 contains laws against workplace bullying

9 December 2021

The European Court of Human Rights has held that bullying at work can violate Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life. Where domestic mechanisms do not provide sufficient protections, they can violate a state’s positive obligations under Article 8. The case concerned […]

Mental Health Disability: Paranoid delusions do not establish disability

8 December 2021

The Court of Appeal recently upheld a tribunal decision that paranoid delusions because of their episodic nature did not establish disability in Sullivan v Bury Street Capital Limited [2021] EWCA Civ 1694 (16 November 2021) (bailii.org). To qualify as being disabled under s.6 of the Equality Act 2010, a worker must have either a physical […]

CASE SUMMARY: Ride-Hailing App Uber v United Trade Action Group Ltd [2021] EWHC 3290 (Admin)

7 December 2021

Uber have once again found themselves on the wrong side of the law, and the High Court’s latest decision represents an existential threat to the London gig economy as it has come to be recognised. The crux of the decision centred around the legality of the controversial business model adopted by Uber and other “ride-hailing” […]

How Many Black British Female Queen’s Counsel Barristers are there in England and Wales?

7 December 2021

Five. No, that isn’t a typo. There are five black British female Queen’s Counsel barristers in England and Wales. Countable on one hand. This is just one of many startling revelations in the recently issued Bar Council’s Race Working Group Report. The report provides a data summary of the ethnic profile of the profession with […]

Yes, you are being watched – new survey finds steep uptick in employee monitoring.

6 December 2021

I am a slave to the Little Green Dot: the indicator on Microsoft Teams that I’m working away at my desk. As much as my better judgement tries to convince me my fears are unreasonable, I can’t shake the feeling that when it changes to yellow, an alarm would suddenly go off in whatever room […]

Did an employer act unfairly in failing to give an employee the chance to respond to the specific allegation relied on in a disciplinary investigation and outcome?

3 December 2021

Yes, held the EAT in the recent case of London Borough of Hammersmith and Fulham v Keable. The Claimant worked as a Public Protection and Safety Officer for the council and, at the point of dismissal, had worked for the council for 17 years. In March 2018 he attended a rally, in his own time […]

Kellogg’s to offer paid leave for women undergoing fertility treatment, pregnancy loss and the menopause

2 December 2021

Is the tide finally turning and employers beginning to realise that they need to support their workers who are going through infertility treatment, pregnancy loss and the menopause? Maybe. Kellogg’s, the cereal giant, who employ some 1,500 employees in the UK, recently announced the introduction of new workplace policies that will offer support to employees […]

the office Christmas party – a work highlight or HR headache?

1 December 2021

Last year the great office Christmas party was cancelled for many. Covid restrictions impacted festivities in the same way Ebenezer Scrooge did in the 19th century Dickens novel. Real world parties were cancelled, and events became virtual quizzes or online cocktail making remote, organised fun. This year, it feels as though normality is returning for […]

Payments made to lease a driver’s car and uniform are deductible for the purposes of calculating National Minimum Wage

30 November 2021

So held the Employment Appeal Tribunal (“EAT”) in Augustine v Data Cars Ltd. Mr Augustine was employed as a driver. Shortly after commencing work, he began leasing a car from a company associated with Data Cars. He also paid for a uniform. Upon termination of his employment, Mr Augustine brought several claims against Data Cars […]