Two recent cases heard in the Employment Appeal Tribunal (EAT) illustrate why it is sometimes difficult to successfully convince an employment tribunal that the other side's claims should be struck out.
The recent case of XC Trains Ltd v CD and Aslef & Others demonstrates the difficulties an employer can face when balancing the requests of individual employees against the workforce as a whole, and the legitimate aims of the organisation.
The Employment Appeal Tribunal (EAT) has asked an Employment Tribunal (ET) to reconsider its reasoning for deducting 12.5% from an employee's compensation due to her predisposition to post-traumatic stress disorder (PTSD).
The Court of Appeal has considered whether an employment tribunal was entitled to find that a Headteacher's dismissal for failing to disclose her friendship with a sex offender was within the range of reasonable responses.
Changes to illegal working offences introduced by the Immigration Act 2016 came into force on 12 July 2016 making changes to the rules on employing illegal workers, including the criminal offence of employing an illegal worker.
The European Court of Justice Advocate General has given an interesting opinion on an employer's requirement that an employee not wear an Islamic headscarf, which contrasts with AG Kokott's opinion in another recent case.