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Railway Signalman Triumphs in Rest Breaks Dispute

Since the advent of the Working Time Regulations 1998 (WTR), those who work shifts of six hours or more have been legally entitled to take a continuous 20-minute rest break. There are, however, a number of exceptions to the rule and one of them – relating to railway workers – came under analysis in a guideline case. The case concerned a railway signalman who...

Winning Compensation Is One Thing, Enforcing Payment Is Another!

Winning compensation is one thing, but enforcing its payment is another. That point could hardly have been more powerfully made than by a case in which a domestic servant who was awarded almost £270,000 by an Employment Tribunal (ET) ended up without a penny. In what was believed to be the first successful ‘caste discrimination’ case brought before an ET,...

Unfair Dismissal and Ulterior Motives – Tribunal Fell Into Substitution Trap

Determining the true reason for an employee’s dismissal is one of the hardest tasks undertaken by Employment Tribunals (ETs). That was certainly so in one case in which a school’s headteacher was accused of having an ulterior motive for dispensing with the services of its veteran maintenance manager. Concerns had been raised that a right of way across the...

Equal Pay Claims and Employer Insolvency – Guidance Ruling

In an important decision, the Employment Appeal Tribunal (EAT) has ruled that equal pay claims being pursued by catering workers did amount to claims for ‘arrears of pay’ and ‘debts’ that transferred from one employer to another when there was a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations...

Financial Services Company Had ‘Legitimate Business Reasons’ for Placing Trader on Garden Leave

In an important decision that strengthens the hand of employers facing hard times, the High Court has ruled that a financial services company had legitimate business reasons for placing a highly-paid bond trader on garden leave. The trader was on a minimum five-year contract and, on top of his basic salary, was entitled to a minimum bonus of £200,000 a year....

Supermarket Chain Indirectly Liable for Rogue Employee’s Data Leak

Can employers be held liable for the criminal actions of rogue workers who disclose colleagues’ personal data on the Internet? In an important test case arising from a huge data leak from the personnel files of a supermarket chain, the High Court has answered that question in the affirmative. The case concerned a trusted IT specialist who worked for the...