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Employment Law Blog

22 December 2016

Employees with temporary incapacity may be disabled

In the case of Daouidi v Bootes Plus SL and ors, the ECJ provided guidance on what constitutes a disability for the purposes of EU law in the context of an employee with temporary incapacity.

20 December 2016

“Fair” dismissal after failing to prove the right to work in the UK

I got dismissed from my job, even though I am allowed to live and work in the UK! Why?

This is exactly what happened in the recent case of Baker v Abellio London Ltd ET/2302684/2015. The employment tribunal held that an employer was allowed to fairly dismiss an employee who could not produce a document that confirmed he had the right to work in the UK, even though they accepted that he was legally resident here.

Marcia Longdon

16 December 2016

Wrap it up early – the limits of employers’ vicarious liability at Christmas parties

The work Christmas party is – “dreaded by some and an annual highlight for others”, so said the High Court in the case of Bellman v Northampton Recruitment Limited (“NRL”). At this time of year, bacchanalian behaviour in the work place is as grimly predictable as the articles from employment lawyers warning about its dangers.

25 November 2016

Failure to actively promote employees taking breaks is a breach of Working Time Regulations

The case of Grange v Abellio London Ltd [2016] UKEAT/0130/16/DA involved an employee who brought a claim under the Working Time Regulations 1998 (WTR), arguing that he had been denied his legal entitlement to rest breaks. 

18 November 2016

Employer could not rely upon manifestly inappropriate final warning when dismissing employee

The recent case of Bandara v British Broadcasting Corporation involved an employee who was dismissed for misconduct which took place after a final written warning in relation to previous conduct.

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