Suspending an employee pending investigation of alleged misconduct is a serious step that requires careful consideration. The Court of Appeal made that point in the case of a teacher who was accused of subjecting pupils to unacceptable force (The Mayor and Burgesses of the London Borough of Lambeth v Agoreyo). Continue reading →

Allegations against an employee may or may not be justified, but what really matters in terms of employment law is that they are fairly investigated. A medical recruitment company that signally failed in that task before summarily dismissing its CEO for whistleblowing was ordered to pay her substantial damages (Rizvi v Capital Care Services (UK) Limited). Continue reading →

The distinction between employment and self-employment is a continuing source of controversy and a ruling by the Employment Appeal Tribunal (EAT) that an accountant who worked exclusively for one client fell into the former category has added a new wrinkle to the vexed debate about employment status (Exmoor Ales Limited and Another v Herriot). Continue reading →

Employers have a responsibility to prevent illegal working in the UK by ensuring that their employees have the right to work here. This involves carrying out document checks on people before employing them in order to confirm that they have a legal right to work here, either permanently or on a temporary basis. Where the employee only has a limited entitlement to remain in the UK, follow-up checks must be carried out. Continue reading →

In Asda Stores Limited v Brierley, the question before the Court of Appeal was whether or not thousands of women who worked at Asda’s retail stores could compare themselves with male members of staff who worked at the company’s distribution depots for the purposes of their equal pay claim. The depot workers, who unlike their retail colleagues had the benefit of established union representation and collective bargaining agreements, were paid a higher salary. Continue reading →