Employer-favourable
2002
An employer's investigation is judged by whether a reasonable employer would call it fair, so gaps in the investigation can matter as much as the decision itself.
Employer-favourable
2002
This case reflects the law as it stood before 2009, when employers could lawfully use tips to top up pay to the minimum wage. That is no longer allowed.
Employee-favourable
2001
A psychiatric injury caused by discrimination, such as depression, can be compensated separately from injury to feelings, or as part of it, as long as the tribunal is clear about what it is awarding for.
Employee-favourable
2000
A clause deducting a fixed sum from your pay for not working full notice is an unlawful penalty, not a valid liquidated damages clause, if it doesn't limit what your employer can otherwise claim for its actual loss.
Employer-favourable
2000
In an unfair dismissal claim, proving your innocence isn't the test. The test is whether your employer's investigation and belief in your guilt were ones a reasonable employer could have reached.
Employee-favourable
2000
Protecting you from foreseeable harm at the hands of colleagues is part of your employer's duty too, not only harm stemming from management decisions. If they know, or reasonably should know, that a complaint led to you being harassed or retaliated against, acting on it isn't optional.
Employee-favourable
2000
Protection from liability requires more than a harassment policy sitting on paper. An employer has to show it actively took all reasonable steps to prevent discrimination before it happened.
Mixed
1999
A genuine redundancy is judged by what work has actually reduced, not by how widely your contract technically allows your employer to move you around.
Employee-favourable
1999
The 48-hour average weekly working limit under the Working Time Regulations is an enforceable legal right, not guidance, and applies to you unless you have voluntarily signed a written opt-out.
Employee-favourable
1999
If your employer fails to resolve a problem you have raised, and that failure continues, each day of inaction can add to the cumulative picture you rely on when you eventually resign.
Employee-favourable
1999
Your employer's duty to risk-assess for pregnancy-related risks starts the moment they have women of childbearing age on staff, not once you've told them you're pregnant.
Employee-favourable
1999
You can be protected by law for leaving work because a colleague frightened you. The danger does not have to come from equipment or premises.
