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A recent case in the Employment Tribunal highlights the problems that Facebook usage can cause for both employees and employers. In Whitham v Club 24 Ltd. t/a Ventura the Claimant (Ms Whitwam) worked for Club 24 Ltd as a team leader. Club 24 Limited provided customer services for Skoda, part of the Volkswagen Group. This …

In an unfair dismissal case there are two obvious elements that have to be analysed – whether the Claimant was dismissed, and (if so) whether that dismissal was unfair. An employee can’t be unfairly dismissed without having been dismissed and, conversely, the dismissal can’t have been unfair unless the manner in which it was effected …

One of the remedies (apart from compensation) that the Employment Tribunal has the power to award is that of reinstatement or reengagement if the employee wins the case. In this post we’ll take a look at the remedies of reinstatement and reengagement and consider when the Employment Tribunal will order such a remedy for a …

The case of Central Manchester University Hospitals NHS Trust v Browne concerns the inference of discrimination in a case of direct race discrimination and victimisation, and the burden of proof in cases of discrimination. Although this case was advanced under the ‘old’ legislation (the Race Relations Act 1976) it provides a useful examination of when …

Under the Employment Rights Act 1996 (“ERA 1996”) both employers and workers have rights and responsibilities relating to the protection and payment of wages. Employers can’t make deductions from their workers’ wages or request that the worker pay them money unless authorized under contract or statute (or with the worker’s consent). However, what happens when …

Under the Employment Rights Act 1996 employees and workers are given certain rights and responsibilities relating to the protection of their pay. This post will take a look at what the rights and responsibilities of both employers and workers are relating to the payment and protection of wages. Under the Employment Rights Act 1996 (“ERA …

Under contract law and the Employment Rights Act 1996 (“ERA 1996”) the worker and the employer are afforded particular rights and responsibilities regarding pay and the protection of the employee’s wages. The employer is under a statutory duty to give employees (not workers, there’s a difference) a written statement including scale or method of calculating …

Employees and workers are often offered a compromise agreement if their employer might have breached their workplace rights, typically by unfairly dismissing them and/or by discriminating against them. The compromise agreement often states that the employee’s contract of employment will be terminate on account of their signing of the compromise agreement, and in return the …

The taxation issues relating to termination payments is a crucial factor for both workers as well as business employers when each party is considering a compromise agreement. Each party would like to lessen any tax liability as well as wanting assurance that no future tax obligation will accrue. If the employer does not withhold taxes …

Is a fixed share equity partner an employee? The Court of Appeal in Tiffin v Lester Aldridge LLP gives an emphatic “no”. This case was an appeal from the Employment Appeals Tribunal to the Court of Appeal by the Claimant against a ruling that he was a partner, not an employee, and was therefore not …