Section 230(3)(b) ERA says that an individual will be a ‘worker’ if they work under a contract with the company and have agreed to personally perform some work. However, they won’t be a worker if they are running their own business and the company is a client or...
A constructive dismissal arises where an employer fundamentally (seriously) breaches the employment contract and the employee resigns in response to the breach. The EAT has recently overruled an employment tribunal’s analysis of what a fundamental breach must entail...
An employer should follow the Acas Code of Practice on disciplinary and grievance procedures when dealing with grievances or dismissing an employee for disciplinary reasons such as misconduct or poor performance. The Code does not apply to redundancy dismissals. If...
Restrictive covenants are terms in contracts of employment which restrict the employee’s activities after employment has ended. They will be void – and unenforceable – for being in restraint of trade unless the employer can show it has a legitimate...
If an employee wins an unfair dismissal claim, the employment tribunal can award compensation that they consider to be ‘just and equitable’ bearing in mind the employee’s losses. In most cases, there is a statutory limit on the amount of compensation that can be...
