An Employment Tribunal upheld claims for harassment, direct discrimination and victimisation on the ground of gender reassignment brought against Jaguar Land Rover Ltd (JLR) by one of its engineers, Ms Taylor, who, having identified as gender fluid/non-binary, usually dressed in women’s clothing. Ms Taylor claimed that she was subsequently subjected Read more…
The European Court of Justice (“ECJ”) has held that an employment contract of a transferring worker may be split between more than one transferee in proportion to the tasks performed by the worker. The Facts In the case of ISS Facility Services NV v Sonia Govaerts, Atalian NV, formerly Euroclean Read more…
A recent Court of Appeal case illustrates the difficulties that can arise when a business partnership operates from shared premises but does not give full consideration to the legal structure at the outset. The court held that an application for a new business tenancy made by one of the two 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…
A Court of Appeal decision confirms that, where an employer has set out a formal contractual disciplinary procedure, it is bound by the terms of that procedure. In this case, the employee had appealed against the imposition of a written warning and the employer contemplated increasing the severity of that Read more…
Businesses should take note of a First-tier Tribunal (Tax Chamber) ruling which held that the first £30,000 of an interim payment awarded by an employment tribunal to an appellant was exempt from income tax. This was on the basis that the payment arose from termination of employment rather than from Read more…
The First-tier Tribunal (Tax Chamber) has held that two directors were not directly liable for income tax and national insurance contributions (NICs) that their insolvent employer failed to pay to HMRC because the tax and NICs had been “deducted” for PAYE purposes. The decision underlines an important distinction between a Read more…