HR Update: discrimination in recruitment; mind the gap between unfair and wrongful dismissal; constructive dismissal – the straw that broke the camel’s back; and when is a gig economy worker not a worker?
Jack Harrington

What’s New?

This month we look at new ACAS guidance on handling disciplinaries and grievances during lockdown; holiday for furloughed workers; the latest report from the Low Pay Commission on compliance with the national minimum wage; and an update on the Coronavirus Job Retention Scheme.


Constructive Dismissal – The straw which broke the camel’s back

In the recent case of Williams v Governing Body of Alderman Davies Church in Wales Primary School, the Employment Appeal Tribunal considered whether a “last straw” that is in itself entirely harmless can still form the basis of a successful constructive dismissal claim.


Wrongful dismissal and length of service

Should length of service be taken into account when determining whether an employee has been wrongfully dismissed? No, held the EAT in East Coast Main Line Company Ltd v Cameron.


Genuine right of substitution incompatible with ‘worker status

In the case of B v Yodel Delivery Network Ltd the European Court of Justice gave its view on whether staff engaged by Yodel were ‘workers’ and hence entitled to holiday pay.


Discrimination in recruitment

In a case about an Italian radio interview the European Court of Justice has found that a simple statement that the interviewee would not hire homosexual employees in his law firm was capable of amounting to unlawful discrimination.


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