News

In the recent case of Wang v University of Keele UKEAT/0223/10, the Employment Appeals Tribunal (“EAT”) held that contractual notice runs from the day after notice of termination is given to an employee (unless the employee’s contract of employment provides otherwise). The EAT held that this principle applies to both written and verbal forms of notice.

An employee working in the UK illegally may be prevented from relying on contractual and statutory employment rights. For example, it is against public policy to allow a claim for unfair dismissal. However, the position in respect of discrimination claims is not so clear cut. Such a claim will only be barred for illegality where it arises out of, or is inextricably linked with, the employee's illegal conduct so that the tribunal could not permit the employee to recover compensation without appearing to condone that conduct.

In the case of Brandeaux Advisers (UK) Ltd and others v Chadwick, the High Court held that an employee who sent large amounts of her employer's confidential information to her private e-mail address was in repudiatory breach of contract and the employer was therefore entitled to dismiss her without notice. The court doubted that the possibility of litigation with an employer could ever justify an employee transferring or copying confidential documents.

The Draft Guidelines are now available for comment. Here is the link to the draft Agency Workers Regulations, which is now available for comment until Friday April 15.

On 30 March 2011, the Ministry of Justice published final form guidance on the procedures that commercial organisations should put in place to prevent bribery (“the Guidance”). The implementation of the Bribery Act 2010 has been delayed, to allow employers sufficient time to familiarise themselves with the guidance, until 1 July 2011.

The Government has published the 2011 Budget with its accompanying 'Plan for Growth'. Many of the employment-related measures have already been announced, however there were a few surprises. The Government’s aim is to create a more educated and flexible workforce with 'the lowest burden from employment regulation in the EU'.

Yesterday the Chancellor delivered his 2011 Budget statement.

In Thomas Sanderson Blinds v English (No.2) the Employment Appeals Tribunal upheld a tribunal’s decision to reject a harassment claim, where the tribunal took into account evidence that the claimant had previously engaged in similarly offensive conduct. The claimant had also made no complaint until he deemed one particular incident had gone too far. The EAT found that the tribunal had correctly considered that it was not reasonable for the claimant to feel that the conduct in question had an adverse effect on him.

On Thursday 17 February 2011, the Department for Business, Innovation and Skills (BIS) published the first draft of the Employment Equality (Repeal of Retirement Age) Regulations 2011 (see TEAM news report of 21 February 2011). Following concerns over unintended issues arising out of these draft Regulations, BIS has now issued a second draft.

In the recent case of Sakharkar v Northern Foods Grocery Group Ltd t/a Fox's Biscuits UKEAT/0442/10, the Employment Appeal Tribunal (“EAT”) held that a final warning issued by an employer to an employee as a result of a genuine mistake could still render any subsequent dismissal of the employee unfair.