With dubious expense claims hitting the headlines recently, a brief review of how this type of situation is regarded by Employment Tribunals may help to provide some useful context for the current media furore.
In the case of Brick Services Limited v Thompson, an employee was accused of submitting a false expenses claim and was subsequently [...]

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In the recent Employment Appeal Tribunal (EAT) case of Joao v Mesh Computers Plc, an important point of procedure was highlighted which sheds more light on the discretionary powers of Employment Tribunals.
Mr Joao brought a claim of racial discrimination against his employer, alleging that the reason he had not been moved to his preferred area [...]

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According to drug charity Release, there has been a significant increase in the numbers of employees being subjected to drug testing by their employers, and that more workers are being dismissed from their jobs as a direct result.
Many employers now carry out random drug tests on their employees, particularly in areas where health and safety [...]

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Last month the Court of Appeal handed down its unanimous decision in the case of Baker v Quantum Clothing Group and others, also known as the Nottinghamshire and Derbyshire Deafness Litigation. Other than the implications of the judgement itself, the case is notable because an application was made by the employers that the court should [...]

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The Government has announced further details concerning the new “Statement of Fitness to Work” which is set to replace the current “sick note”.
The current medical statement issued by GPs is generally viewed as inadequate and easily manipulated. Current research has demonstrated that being in work is beneficial to employee health, while being out of work [...]

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Employers can be held responsible for discriminatory behaviour on the part of their employees if that behaviour is carried out “in the course of employment”, a loose definition which also includes social gatherings organised by work.
However, if the employer can demonstrate that they had taken preventative measures to minimise the chances of a discriminatory act [...]

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Details of proposed changes to the Employment Agency Regulations have been released by the Government, and it appears that they may cause some problems for employers.
At present, staff hired through an agency have to go through immigration checks from both the agency and the employer. This situation is obviously not ideal, as it involves costly [...]

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The recent case of McBride v Standards Board for England has established that an Employment Judge sitting alone at a Case Management Discussion (CMD) has the power to rule that the evidence of a proposed witness is irrelevant, and that they should accordingly not be called the ensuing substantive hearing.
Having made a protected disclosure against [...]

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The case of Central and NW London NHS Foundation Trust v Abimbola has set an important precedent relating to the reinstatement of unfairly dismissed employees when mutual trust and confidence between the employer and employee has been lost.
Mr Abimbola worked as a psychiatric nurse for the Trust until he was dismissed after a disciplinary hearing [...]

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The Employment Appeal Tribunal (EAT) has again had to consider the use and meaning of substitution clauses in contractor agreements.
In the course of the case of Premier Groundworks v Josza, it was determined that a clause in Mr Josza’s contract which allowed him to delegate the provision of services to “other persons” meant that he [...]

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