Employment Law Brief

Government shelves predictable T&Cs framework in favour of stronger contractual rights

Friday, 06 September 2024

The Government has reportedly decided not to implement new laws on requesting a predictable working pattern, and will instead introduce a more robust right to a contract that reflects regular working hours.

Government shelves predictable T&Cs framework in favour of stronger contractual rights

Articles & Blogs Employment

Procedural steps not taken by employee irrelevant to constructive dismissal claim

Friday, 06 September 2024

An employee’s failure to fully complete every step of an internal grievance process will not impact their right to claim constructive dismissal, according to the recent ruling by the Employment Appeal Tribunal (EAT).

Procedural steps not taken by employee irrelevant to constructive dismissal claim

Articles & Blogs Employment

Home Office removes invitation requirement for eVisa applications

Friday, 30 August 2024

Anyone holding a Biometric residence permit (BRP) which expires on 31 December 2024 can now apply for an eVisa account and must apply before the expiry date of their BRP.

Home Office removes invitation requirement for eVisa applications

Articles & Blogs Employment

Associative Indirect Discrimination: EAT rules Tribunal was not wrong to allow claims

Friday, 30 August 2024

The Employment Appeal Tribunal (EAT) has found that a Tribunal was right to allow employees to bring claims for associative indirect discrimination, despite not personally possessing the relevant protected characteristics.

Associative Indirect Discrimination: EAT rules Tribunal was not wrong to allow claims

Articles & Blogs Employment

Claimant permitted to pursue whistleblowing dismissal and detriment claims in respect of same facts

Friday, 30 August 2024

A recent Employment Appeal Tribunal (EAT) decision helps clarify the case law position where a claimant seeks to pursue their employer for whistleblowing detriment where they have been dismissed.

Claimant permitted to pursue whistleblowing dismissal and detriment claims in respect of same facts

Articles & Blogs Employment

Discrimination claim dismissed despite failure to make reasonable adjustments

Friday, 23 August 2024

The Employment Appeal Tribunal (EAT) has dismissed a claimant's claims for disability discrimination despite an earlier Tribunal finding that the respondent had failed to make reasonable adjustments.

Discrimination claim dismissed despite failure to make reasonable adjustments

Articles & Blogs Employment

Promotion in the absence of competitive exercise was unlawful positive discrimination

Friday, 23 August 2024

An Employment Tribunal has found that a police force acted unlawfully when it promoted a minority ethnic Sergeant into a Detective Inspector role in the absence of a competitive exercise.

Promotion in the absence of competitive exercise was unlawful positive discrimination

Articles & Blogs Employment

Care home employees fairly dismissed following refusal to have Covid vaccination

Friday, 23 August 2024

The Employment Appeal Tribunal (EAT) has ruled that care home staff were fairly dismissed for refusing to be vaccinated against COVID, in breach of their employer's policy.

Care home employees fairly dismissed following refusal to have Covid vaccination

Articles & Blogs Employment

EAT holds that employer should have considered availability of suitable roles arising from upcoming merger before dismissing disabled employee

Thursday, 15 August 2024

The Employment Appeal Tribunal (EAT) has found that a Tribunal erred in dismissing a claim where an employee was dismissed on the basis of ill-health, despite there being an upcoming reorganisation which would have created suitable alternative roles.

EAT holds that employer should have considered availability of suitable roles arising from upcoming merger before dismissing disabled employee

Articles & Blogs Employment

EAT finds no requirement to reduce compensatory award as a result of employee's contributory fault.

Thursday, 15 August 2024

The Employment Appeal Tribunal (EAT) has found that a compensatory award does not necessarily need to be reduced where there is a finding of contributory fault on the part of the employee.

EAT finds no requirement to reduce compensatory award as a result of employee's contributory fault.

Articles & Blogs Employment

Consultation opens for amendments to be made to ET Rules regarding written reasons for decisions and judgements

Thursday, 15 August 2024

The Tribunal Procedure Committee (TPC) has opened a consultation to propose changes to the Employment Tribunal Rules of Procedure 2013 (ET Rules).

Consultation opens for amendments to be made to ET Rules regarding written reasons for decisions and judgements

Articles & Blogs Employment

Teacher's right to freedom of belief, religion and expression are lawfully qualified by professional obligations

Friday, 09 August 2024

In a recent case, the High Court of Justice has held that a teacher's ECHR rights under Articles 9 and 10 are qualified rights that must be balanced against professional responsibility.

Teacher's right to freedom of belief, religion and expression are lawfully qualified by professional obligations

Articles & Blogs Employment

New duty on employers to prevent sexual harassment in the workplace: how can employers prepare?

Friday, 09 August 2024

From 26 October 2024, employers will be under a new legal duty to take reasonable steps to prevent the sexual harassment of staff at work.

New duty on employers to prevent sexual harassment in the workplace: how can employers prepare?

Articles & Blogs Employment

Government corrects statutory Code of Practice on fire and re-hire

Friday, 09 August 2024

The Government has updated the statutory Code of Practice on dismissal and re-engagement.

Government corrects statutory Code of Practice on fire and re-hire

Articles & Blogs Employment

S111 Equality Act 2010: when does liability occur?

Thursday, 01 August 2024

The Employment Appeal Tribunal (EAT) has found that an LGBT charity's complaint to a barrister's chambers about 'gender critical' tweets did not induce or cause discrimination by the chambers.

S111 Equality Act 2010: when does liability occur?

Employment

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