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The Devil is in the Detail. Contract Wording Counts

Recently, in the court of Appeal, an insurance broker was ordered to repay a ÂŁ500,000 bonus after he lost the case against his employer. The court ruled that his employment ended one day before the stipulated contract instead of the day after. Insurance firm JLT Speciality hired James Craven who was paid the bonus amount … Read more

Is your Contract Void?

Following a case in the Court of Appeal, the Supreme Court has decided to check thousands of employment contracts for their use of restrictive covenants, popularly known as non-compete clauses. This could result in a thousand of clauses being voided. The landmark case Tillman vs Egon Zehnder Ltd serves as a reminder to employers upon … Read more

Can you be Sacked without a Warning? #Knowyourrights

You’ve just been fired for ‘gross misconduct.’ But before we can address this let’s consider: What does gross misconduct dismissal actually mean? A situation where an employer terminates the contract of an employee is known as dismissal. In an ideal environment, dismissal should be the last resort after all other redressal tactics have failed to … Read more

Is Veganism a ‘philosophical belief’? Dismissed Vegan Claims for Discrimination

As the new year, 2019 unfolds the employment sector in the UK witnesses an unusual “landmark discrimination case” concerning whether veganism should be considered a protected belief under the Equality Act 2010. Jordi Casamitjana was sacked by the League Against Cruel Sports citing gross misconduct after he disclosed that his employers had invested pension funds … Read more

Private Hire Drivers Entitled to Paid Annual Leave and National Minimum Wage

On the 14th November 2018 the Employment Appeal Tribunal (EAT), in the case of Addison Lee Ltd v Lange and Ors, upheld an employment tribunal’s decision that private hire drivers working for Addison Lee are ‘workers’ and so are entitled to the ‘national minimum age’ and ‘paid annual leave.’ The EAT delivered its verdict stating … Read more

Am I disabled? What is the legal definition of Disability

Under the Equality Act 2010, if you have a physical or mental impairment which has substantial and long term negative effects on your ability to perform normal daily functions, you can be considered disabled. What does ‘substantial’ and ‘long-term’ mean ‘substantial’ means more than minor, for example, it may take much longer for a person … Read more

Employment Contract – Bonus clause

It has been accepted, considering the various cases in the past, that there is nothing like unfettered discretion by an employer with regards to the payment of bonuses. A myriad of decisions in the court have decided that employers should exercise discretion on good grounds. Therefore, if an employee meets a criteria for a bonus, … Read more

Can You Be Forced to Retire?

A withdrawal of a person’s employment or occupation from their active working life, due to a certain age, is known as retirement. A person may be fully or semi-retired as per the employer’s policy. Recently the minimum age of retirement, which was 65 years previously, has been abolished. This implies that an employer cannot force … Read more

Reimbursement of Tribunal Fees

Following the Supreme Court’s ruling on 26th July 2017, the employment tribunal fee regime, which was in place since 2013, is now rendered unlawful. Therefore, there is no employment tribunal fees to be paid for any new claims. Also, the fees paid in the past are now to be refunded. Together with Her Majesty’s Courts … Read more