Home > Legal Opinions tagged employment

  • the latest chapter in the challenge to the fee regime

    Gemma Steele

    As we reported in February, UNISON’s original High Court challenge on the introduction of the employment tribunal fee regime was dismissed. Appeal to the Court of Appeal was granted but in light of new evidence it was deemed appropriate for UNISON to issue a new judicial review claim which was heard by the High Court […]

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  • Supreme Court finds illegality does not stop discrimination claim

    Rachel Billen

    Mary Hounga entered the UK dishonestly on a visitor’s visa, with no right to work in this country. She was subjected to violence by her employer and subsequently brought a claim of race discrimination. At the Court of Appeal, it was found that the illegality of the contract of employment formed a material part of […]

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  • an end to exclusivity clauses

    Helen Taylor

    Following a six month consultation, the Government has yesterday introduced legislation to ban exclusivity clauses in zero-hours contracts. It is thought that the ban will be pushed through before next year’s general election. Exclusivity clauses, which are estimated to affect 125,000 workers in the UK, operate to prevent zero-hours workers from working for another employer, […]

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  • teachers should definitely be paid more than they are at the moment

    Debbie Stanley

    Education Secretary Michael Gove says “teachers should definitely be paid more than they are at the moment”. How on earth can this be funded at a time when financial pressures are very real? Changes to the School Teachers’ Pay & Conditions Document (STPCD) mean that all schools have the flexibility to pay the best teachers more […]

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  • DfE issues new guidance on teacher misconduct

    Rachel Billen

    Schools dealing with disciplinary issues arising out of teacher conduct must consider new guidance issued by the DfE. Where a teacher receives a conviction or caution for ‘sexual misconduct’ (rather than for ‘serious sexual misconduct’ as referred to in previous guidance) or for any activity involving indecent images of a child, they should be considered […]

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  • minimum wage hike – can we really afford it ..... ?

    Sarah Parkinson

    George Osborne said that he wants to see above-inflation increase in the national minimum wage, increasing the hourly rate from £6.31 to £7 an hour by 2015 for over 21s. Whilst many people will support the Chancellor’s plans, not everyone is in favour of them. Trade associations have warned that the above-inflation increases will hurt […]

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  • breach of patient confidentiality was not gross misconduct

    Most NHS Trusts would be surprised to hear that disclosing patient information in a public place was not sufficiently serious to amount to gross misconduct. However, in West London Mental Health v Chhabra the Supreme Court said exactly that, where a doctor was subject to disciplinary proceedings for discussing patient information on a busy train. […]

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  • occupational hazards

    Rachael Jellema

    If an occupational health report advises that an employee is not disabled, then an employer cannot have knowledge of that disability, right? Wrong, said the Court of Appeal in Gallop v Newport City Council. In order for an employer to fail to make reasonable adjustments, it must have actual or constructive knowledge of the employee’s […]

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  • some changes, but not much TUPE excited about

    Tom Toulson

    The Government has finally published its proposed changes to the TUPE Regulations 2006. It claims the draft regulations will “cut red tape for businesses” but those hoping for a radical shake-up of the law in this area are likely to be disappointed. As expected, the Government has abandoned its controversial plan to repeal the regulations […]

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  • teachers strike action postponed – for the moment...

    Rachel Billen

    The strike action planned by the NUT and NASUWT to take place before Christmas has been postponed. The announcement follows confirmation from Michael Gove that he was willing to meet for talks on performance related pay, pensions, workload and terms of employment. Speaking late last week Mr Gove said, “We have regular meetings with all […]

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