Employment and HR

• Accountant Who Worked Exclusively for One Client Became an Employee

  • Posted21 May 2019

  The distinction between employment and self-employment is a continuing source of controversy and a ruling by the Employment Appeal Tribunal (EAT) that an accountant who worked exclusively for one client...

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• Discrimination and the Burden of Proof – Court of Appeal Gives Guidance

  • Posted2 May 2019

  Once an employee succeeds in establishing facts that arguably support a finding of discrimination, the burden of proving that there was no such discrimination falls upon the employer. The Court...

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• Equal Pay Comparability – Supermarket Workers Win Important Victory

  • Posted15 April 2019

  In Asda Stores Limited v Brierley, the question before the Court of Appeal was whether or not thousands of women who worked at Asda’s retail stores could compare themselves with...

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• Even Highly Offensive Workplace Banter May Not Amount to Harassment

  • Posted8 April 2019

  Irreverent and foul-mouthed banter is commonplace in some working environments and does not necessarily amount to harassment or victimisation. An Employment Tribunal (ET) made that point in rejecting a compensation...

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• Judges and Firefighters Triumph in Age Discrimination Test Case

  • Posted18 March 2019

  To defeat a claim of direct discrimination under the Equality Act 2010, the employer must show that the treatment complained of is in pursuit of a legitimate aim and is...

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• Untaken Paid Holiday – Does Failure to Request Leave Result in its Loss?

  • Posted1 March 2019

  The Court of Justice of the European Union (CJEU) has supported the opinion of the Advocate General that the mere fact that a worker did not apply to take annual...

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