Latest Legal News

Off-the-cuff ageist comment in review is harassment

An off-the-cuff ageist comment in an employee's performance review has been held to be harassment on grounds of age in a recent employment tribunal decision.

Suspension without pay triggers need for 'step 1' disciplinary letter

Suspending an employee without pay is a 'relevant disciplinary action', so employers must initiate disciplinary proceedings before doing so, by sending a 'step 1' letter, the Employment Appeal Tribunal has confirmed.

European case shows that research using a third party database can infringe their 'database right'

If your business consults and uses the contents of other people's databases when researching a topic, this can amount to infringement of their database right, even if you apply your judgement as to which data you select from it.

Meaning of time off for 'emergencies' is revisited

A recent case held that single-mother employee who had 12 days' notice that her childminder would not be available was still entitled to a day's leave to look after her children as this was 'unexpected'.

Case law: mandatory retirement age may still be legal

Employers who require employees to retire at 65 or over do not, at present, need to make any changes to their retirement policies and procedures, as the 'Heyday challenge' in the European Court moves one step closer to being resolved.

Case law: calculating compensation in unfair dismissal cases

Employers will welcome guidance, given in a recent case, on the approach to calculating compensation where an employee has been unfairly dismissed.

Case law: contractual term can override statutory requirement

Employers will welcome a recent finding in which the terms of a contract of employment took precedence over provisions contained in the Working Time Regulations.

HSE vehicles at work checklist

Businesses using vehicles at work will welcome new guidance from the Health & Safety Executive (HSE) on reducing risks.

Contractors should review contract terms as High Court finds contractor operating through a limited company is an employee

Employers who use contractors need to review their contracts with them as a man who worked for the AA through a limited company is facing a tax bill of £99,000 following a High Court decision that he was an employee.

Age discrimination as employee retired one day before his 65th birthday

An employee forcibly retired the day before his 65th birthday has won an age discrimination claim on grounds the default retirement exemption only applies to retirement on or after an employee's 65th birthday.