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IMHRPlus News

Repayment and Penalty Clauses in Contracts of Employment

In the case of Cleeve Link Limited v Bryla the Employment Appeal Tribunal (“EAT”) considered whether or not a repayment clause in a contract of employment was a penalty clause.

Working, Sleeping and Payment of the National Minimum Wage

In Whittlestone v BJP Home Support Limited the Employment Appeal Tribunal (“EAT”) has considered whether or not an employee who is required to “sleep over” at a location due to their work is entitled to be paid the National Minimum Wage.

Employment Tribunal Awards

This year BIS have sponsored research to find out whether or not Employment Tribunal awards are being paid, reasons for non payment and the effect of enforcement action. The results were published earlier this month.

John McCririck Loses Age Discrimination Case

Pundit Describes Ruling In Relation To Channel 4 Case As ‘Historic Setback’

Court Of Appeal Rules On Case Related To Club’s Administration In 2010

Crystal Palace FC has won a legal case at the Court of Appeal in relation to the dismissal of a number of employees in May 2010 when the club was in administration.

Age-Related Defined Pensions Contributions Can Be Objectively Justified

The European Court of Justice (“ECJ”) has recently ruled that an Employer can lawfully make different rates of contributions to a defined contribution occupational pension scheme by reference to the age of the Employee in question, and successfully defend a claim of age discrimination.

Employment Tribunal Statistics

On 18 October the Government published a report giving the quarterly (provisional) statistics for Employment Tribunal (“ET”) claims, covering the period July to September 2013.

Constructive Unfair Dismissal - What Is The Correct Test?

The Employment Appeals Tribunal (“EAT”) has recently confirmed the appropriate test in a case of constructive unfair dismissal.

Statutory Holiday Pay Should Take Overtime Into Account

In the recent case of Neal v Freightliner Ltd, an Employment Tribunal (“ET”) has suggested that overtime ought to be included for the purposes of calculating holiday pay, even where it has been worked voluntarily.

Duty Of Fidelity Breached By Employee Who Plotted And Assisted Team Move To Competitor

In Thomson Ecology Ltd v APEM Ltd, the High Court considered an application for summary judgment against a senior employee who poached a team of employees from his employer to a competitor. (“Summary judgment” is sought by a claimant where it considers the defendant has little prospects of successfully defending the claim).

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