In a landmark decision, the Employment Appeal Tribunal (EAT) has held that non-guaranteed overtime must be taken into account when calculating statutory holiday pay. Payments for overtime that a worker is required to work but which an employer is not required to offer (non-guaranteed overtime) should be regarded as “normal Read more…
Businesses will welcome the first reported case confirming that set-off is available in an employment tribunal. The Employment Appeal Tribunal upheld a tribunal’s decision that the defence of set-off is available to an employer in a contract claim brought by a former employee in the tribunal and that the law Read more…
Landlords of residential property will be delighted by a Court of Appeal decision restoring the “sets” approach to determining qualifying works for residential service charges. The “aggregated” approach significantly increased the consultation burden for landlords and potentially placed them in a difficult position when dealing with emergency repairs. Separate sets Read more…
A Court of Appeal decision illustrates the need for businesses to undertake thorough investigations into disciplinary allegations. The court held that an employer did not breach its duty of care to an employee by bringing disciplinary proceedings against her. It had been alleged that the employee had been complicit with Read more…
In Eurasian Natural Resources Corporation Ltd v Judge, the High Court held that there were no grounds for finding that a director was subject to an implied term requiring delivery up of confidential documents after termination of his appointment. The director’s service agreement provided that all information acquired during his Read more…
Many businesses now allow their employees to use personally-owned devices (such as tablets, smartphones, laptops or notebook computers) in the workplace. The government has recently issued a collection of guidance notes on risk management in the context of “bring your own device” (BYOD). The guidance sets out best practice for Read more…
An Employment Appeal Tribunal (EAT) decision provides a reminder to businesses to ensure that they have a clear adverse weather policy in place and that employees are kept as up-to-date as possible regarding any altered working arrangements during periods of adverse weather. The EAT allowed an appeal against an employment Read more…
Businesses will welcome an EAT decision on the right to time off for dependants which highlights the need for employees to ensure that they make contact with their employer to tell them why they are absent as soon as reasonably practicable for them to do so. The employee in this Read more…
A decision in the Upper Tribunal (Lands Chamber) suggests that business rates may be payable even where an intended occupant is carrying out substantial refurbishment works and cannot use the property for its intended purpose until the works are complete. If the intended occupant has particular requirements which other potential Read more…
The High Court has held that a bank breached an equitable duty of confidence by misusing confidential information supplied by a corporate customer. This approach was initially made through a third party acting on behalf of the claimant and a confidentiality agreement was entered into between the third party and Read more…