Welcome There have been a number of gig economy cases examining whether individuals satisfy the definition of ‘worker’ under s230(3)(b) of the Employment Rights Act 1996.  The latest case in front of the Court of Appeal, Stuart Delivery Ltd v Augustine, involved a moped courier.  A ‘worker’ is defined as someone who works under a… [Read More]

Part-time worker discrimination The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 do exactly what it says on the tin. They prevent an employer treating a part-time worker less favourably than their full-time colleagues on the grounds of their part time status.. Less favourable treatment of a part-time worker can be justified if the… [Read More]

Welcome article The European Court of Justice cast its judgment in two German cases where Muslim employees were banned from wearing headscarves in the workplace. Although the judgment isn’t binding in the UK, courts and tribunals may take the decision  into account when deciding whether employer dress codes are directly or indirectly discriminatory under the… [Read More]

Welcome – indirect discrimination Indirect discrimination occurs when an employer applies a provision, criterion or practice (PCP) to all employees which disadvantages a group of people who share a protected characteristic (such as race or sex). Indirect discrimination can be justified if it is a proportionate way of achieving a legitimate business aim. In making… [Read More]

Welcome – constructive dismissal An employee is constructively dismissed if an employer fundamentally breaches their employment contract, entitling the employee to resign in response and say they were dismissed. The employee must not ‘affirm’ the contract, for example by delaying too long before resigning. Previous case law has shown that a fundamental breach of the… [Read More]