2014 Employment Law Cases That Are Changing The Law

There are some potentially very important employment law cases expected this year. We highlight three key cases below: 1.Neal v Freightliner Ltd (EAT) In this, the employment tribunal has held that a worker's overtime pay should be included in the calculation of holiday pay. As this is only an employment tribunal decision, it is not binding on other tribunals and courts. Employers will be anxiously awaiting guidance on the issue which is expected from the Employment Appeals Tribunal. 2. Rowstock Ltd and another v Jessemey; Onu v Akwiwu and another (Court of Appeal) In the Rowstock case, the Employment Appeal…

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Key Employment Law Changes Expected in 2014

2013 has been a big year for change in Employment Law with the introduction of tribunal fees taking the headlines. Other key changes included the renaming of compromise agreements to settlement agreements, the cap of 52 weeks’ pay imposed on the unfair dismissal compensatory award, if that is lower than the statutory maximum of £74,200 and amendments to whistleblowing which included adding a ‘public interest’ element and the removal of the ‘good faith’ requirements. 2014 has some key changes heading our way as well. Below is a table of the main changes you can expect in 2014 to help you…

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Employer obliged to fund depressed employee's private counselling

The facts Croft Vets Ltd and others v Butcher UKEAT/0430/12 involved a woman (B), whose workload had increased substantially due to her employer’s expansion plans.Chrome Hearts Bangle B’s performance began to deteriorate and other employees reported that she was “sitting in her office staring out of the window in tears”.  In a meeting, her employer offered B the option of either continuing with her current job with support to improve her performance, or to take on a different role and receive a lower salary. Shortly afterwards, B went off sick and did not return to work. Her GP diagnosed her…

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Gay Couple's Victory Over Christian Hotel Owners

In Bull & Bull v Hall & Preddy the Supreme Court decided that that the conduct of the hotel owners amounted to both direct and indirect discrimination. Due to the owners’ Christian beliefs, the hotel in Cornwall maintained a strict policy that only married couples could stay in rooms with double beds. This policy applied equally to unmarried homosexual and heterosexual couples. A long-running legal battle then followed. In 2011 a judge at Bristol County Court concluded that the hotel owners acted unlawfully and ordered them to pay a total of £3,600 damages. In 2012 the Court of Appeal dismissed…

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Restrictive Covenant upheld despite its wide scope

In Coppage and another v Safetynet Security Ltd, the Court of Appeal dismissed the appeal of a former employee who had been ordered to pay at least £50,000 following a breach of his restrictive covenants. His contract of employment contained a restrictive covenant prohibiting the solicitation of any customers of his former employer for 6 months following termination of his employment. The Mercantile Court held that the restriction was reasonable, and that the employee, who was also a director had breached his fiduciary duties to the company. It ordered him to pay damages of at least £50,000. In his appeal…

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