Employment Tribunal

  1. Following a Preliminary Hearing on January 2nd and 3rd 2020, Norwich Employment Tribunal found that the Claimant’s “Ethical Veganism” is a philosophical belief and therefore it falls within the protected characteristic of Religion or Belief under the Equality Act. Whilst this is not a binding judgment for future Tribunals, it means that it is potentially […]

  2. Here at Wirehouse we get many questions regarding restrictive covenants and the desire for employers to restrict what an employee can do once their employment has been terminated. The starting point for employers is to understand that any contractual term which restricts a former employees activities would be unlawful as a restraint of trade and […]

  3. If your business has recently employed an individual who is performing below expectations, what are your options? Can you dismiss them without following the typical disciplinary process? Are there risks associated with doing so? Here, we examine the legal implications of dismissing an employee within 24 months of joining the business. Dismissing an Employee | […]

  4. As the year draws to a close there has been a number of employment cases that have shaped the Employment Law advice and guidelines for businesses in 2019. We review 5 key cases and provide practical advice for employers. 1. Perceived direct disability discrimination In the case of Chief Constable of Norfolk v Coffey the […]

  5. An employer should be aware that there are certain circumstances where a dismissal could be an automatically unfair dismissal, this is regardless of whether the employee has completed the normal qualifying period (2 years) for an ordinary unfair dismissal claim. Below is not an exhaustive list, but covers the most common circumstances where an employee […]

  6. Since 2014 there has been a growing number of cases that have looked into what employers should pay when an employee in on annual leave. It started with employers having to pay commission whilst annual leave was taken. Then it moved onto overtime, stating that regular and consistent overtime should be paid whilst employees take […]

  7. The Employment Rights Act 1996 provides protection to workers who have made a protected disclosure . A dismissal will be automatically unfair if the reason, or principle reason, for the dismissal is that the individual has made a protected disclosure. In addition, workers are protected from being subjected to a detriment on the grounds that […]

  8. Frequently employers considering allegations of gross misconduct against an employee will legitimately suspend the employee pending the completion of the investigation and, where applicable, disciplinary process. However, employers should be aware that suspending an employee in itself may amount to a breach in the implied terms of trust and confidence; giving rise to claims of […]