Unfair Dismissal and the Human Rights Proportionality Test

In a recent test case the Court of Appeal was asked whether the European Convention of Human Rights’ proportionality test applied to cases of Unfair Dismissal (Turner v East Midlands Trains Limited). A female train conductor with 12 years’ service was accused of fraud, and her claim for unfair dismissal was rejected by an Employment … Read more

Case Review: Reasonable Restrictive Covenants

Restrictive covenants need to be “reasonable” in order for them to be enforceable. However, it is less well-known that this test for reasonableness must be assessed at the time of the contract, rather than the time that the employer is seeking to enforce them. A contract might have been signed and entered into years before … Read more

Case Review: Employee who was demoted following Facebook comments wins breach of contract case

Adrian Smith, employed by the Trafford Housing Trust and also a devout Christian, remarked on his Facebook page that gay marriage was “an equality too far”. His comments were considered to be misconduct and as a result Mr Smith was demoted with a 40% pay cut. However this week a High Court judgment found in … Read more

Right for all employees to request flexible working confirmed by BIS consultation

The government has confirmed its intention to move ahead with proposals first outlined in the Modern Workplace Consultation in 2011, with the right to request flexible working to be extended to all employees from 2014. It is anticipated there will be a responsibility for employers to deal with requests for flexible working in a reasonable … Read more

Nick Clegg unveils government plans for flexible parental leave

Employment law is in the headlines again as Nick Clegg outlined Coalition plans to enact legislation which would allow parents to take flexible parental leave between them depending upon their personal circumstances. The Department for Business, Innovation and Skills (BIS) also sets out the results of its consultation process on flexible working hours for all … Read more

Change in whistleblowing protection coincides with Jimmy Savile and BBC allegations

In light of the Jimmy Savile scandal, and whether employees and directors of the BBC were aware of his alleged paedophilic activities, the issue of whistleblowing in a corporate environment has come to the fore. The biggest scandal to hit the BBC in 50 years has led to Jimmy Savile falling from one of the … Read more