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Stuart v London City Airport

New guidance has emerged from the Court of Appeal in the case of Stuart v London City Airport concerning an employer’s duty to conduct investigations before dismissing staff in cases of alleged gross misconduct. Where misconduct is alleged the Burchell Test requires that at the time of dismissal the employer must have (a) believed the … Read more

Blacklisting of Construction Workers

Update on Blacklisting of Construction Workers The Background In March 2009 the Information Commissioners Office (ICO) raided the offices of the Consultation Association and seized files containing the names of over 3,000 blacklisted construction workers. The purpose of the blacklist was to allow construction companies to make enquiries about prospective employees. Founded by Sir Robert McAlpine … Read more

Unison is Challenging Tribunal Fees

Unison is challenging tribunal fees by way of judicial review.  The UK’s largest union is taking the government to a Judicial Review in protest over the introduction of Employment Tribunal fees.  Their legal action is backed by the Equality and Human Rights Commission (EHRC). For the first time, mistreated employees are required to pay hefty … Read more

Employers Required to Pay for Psychiatric Treatment

The recent Employment Appeal Tribunal case of Croft Vets v Butcher has given rise to the possibility that employers may be required to pay for psychiatric treatment or counselling for their depressed employees. The appeal in Croft centred around an employee who had taken time off work because she was suffering from work-related stress and … Read more

Female Board Membership

November 2013 has seen the publication of the Female FTSE Board Report 2013 by Cranfield University.  Whilst it shows some increase in the numbers of women on FTSE 100 and FTSE 250 boards there is still a significant gap in gender representation in the boardroom.  The ‘glass ceiling’ remains very much intact. In the light … Read more

Third Party Harassment

What is Third Party Harassment? Third party harassment is the phrase used to describe harassment suffered by employees at the hands of customers, clients and suppliers.  Created by the Equality Act 2010, third party harassment legislation means that employees could issue claims against their employers if they failed to protect them adequately from the unwanted … Read more

British Airways Pregnancy Dispute

It has been announced that British Airways will be obliged to pay £2.3 million after losing its three-year long battle with more than 500 members of its cabin crew.  The female employees have been fighting for compensation because the airline effectively cut their pay when they were obliged to switch to ground duties whilst pregnant. … Read more

Extension to Whistleblowing Protection

Whistleblowing, or, more correctly making protected disclosures, is considered vital to public safety.  High-profile failures in safety such as the Piper Alpha disaster in 1998 and more recently the problems at Stafford Hospital have highlighted the need for a method of protecting workers who feel it necessary to come forward and express their concerns about … Read more

Referral Fees

In May 2013 changes were brought in under Part 2 of the Legal Aid, Sentencing and Punishment of Offences Act 2012 (LAPSO) making it a regulatory offence to pay or receive referral fees in personal injury cases.  Aimed at eradicating the compensation culture, this legislation had a huge effect on the personal injury legal sector. … Read more