In Hounga v Allen and another [2014] IRLR 811 SC, the Supreme Court held that a domestic worker who had knowingly entered the country illegally was entitled to claim discrimination against her employer despite the fact that her employment was unlawful.
David Malamatenios is a partner and Krishna Santra and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
The Employment Appeal Tribunal (EAT) has held that an entire agreement clause was effective in precluding reliance on a prior oral assurance given by HR that salary would increase by annual increments subject to satisfactory performance.
The Supreme Court has held that the connection between an employee's immigration offences and the statutory civil wrong of discrimination is insufficiently close to prevent her from making a claim for pre-dismissal racial harassment.
In Prophet plc v Huggett [2014] IRLR 797 CA, the Court of Appeal held that an unambiguous non-competition covenant was binding even though, because the drafting was poorly thought through, it was "toothless" and the employee was free to take up employment with a competitor.
The Court of Appeal has held that an employer was bound by the terms of a restrictive covenant in an employment contract that, on a literal reading, had the unintended result that an ex-employee was not restricted from working for a competitor.
Amanda Steadman is a professional support lawyer and Ed Gregory, Rosie Kight and Joanne Magill are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
Use this terms and conditions workflow to vary the contractual terms and conditions of one or more of your employees in accordance with good practice and the obligation to consult over the proposed change.
Definition from the XpertHR glossary.
The Employment Appeal Tribunal has held that the fact that a claimant had worked under an illegal contract did not prevent her from claiming sex discrimination.
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