Entries by Dean Morris

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Evidence about ‘protected conversations’ in an unfair dismissal case?

Yes, if the date of termination is in dispute, held the EAT in Basra v BJSS Limited. Pre-termination discussions between employer and employee are protected under section 111A Employment Rights Act 1996 and cannot therefore usually be referred to by either party in an unfair dismissal claim, unless there has been “improper behaviour”. In Basra, […]

Good news for employee backdated holiday pay claims

In King v The Sash Window Workshop Ltd and anor, the European Court of Justice has held that the means of enforcing the right to paid holiday under the Working Time Regulations 1998 SI 1998/1833 is incompatible with the EU Working Time Directive (No.2003/88). On the EAT’s interpretation of Regs 13 and 16, where an […]

Worker Status: Uber Drivers are ‘Workers’

EA Dismisses Uber Appeal against Employment Tribunal Decision In Uber BV and ors v Aslam and ors, the EAT has dismissed Uber’s appeal against the employment tribunal’s decision that its drivers are ‘workers’ within the meaning of S.230(3)(b) of the Employment Rights Act 1996 and the equivalent definitions in the National Minimum Wage Act 1998 […]

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Influencing a decision maker in a discriminatory way

If another person influences a decision-maker in a discriminatory way, can that person be considered a joint decision-maker? Yes, held the EAT in Metropolitan Police v Denby. Link to Judgement The Claimant was a male police officer. The Deputy Assistant Commissioner had concerns about a lack of gender diversity in a group led by the […]