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Employment Law Articles and Blogs - VWV

Employment

Articles & Blogs Employment

Contract workers could not claim indirect discrimination against principal in respect of low pay

Friday, 28 June 2024

The Court of Appeal has told a group of contractors that they are not able to bring claims of indirect race discrimination against the end-user of their services.

Contract workers could not claim indirect discrimination against principal in respect of low pay

Articles & Blogs Employment

Redundancy pools of one

Friday, 28 June 2024

The Employment Appeal Tribunal (EAT) has held that a tribunal erred in finding that a dismissal was fair in the absence of consultation over a redundancy pool of one.

Redundancy pools of one

Articles & Blogs Employment

Employer was justified in renewing fixed-term contract beyond four years

Friday, 28 June 2024

The Employment Appeal Tribunal (EAT) has upheld the Tribunal's decision in a claim about an employer's refusal to grant a permanent employment contract to a fixed-term employee.

Employer was justified in renewing fixed-term contract beyond four years

Articles & Blogs Employment

First-tier Tribunal applied flawed reasoning to question of TV presenter's IR35 status

Friday, 21 June 2024

The Upper Tier Tribunal has set aside the decision of the First-tier Tribunal in an ongoing case involving TV presenter Adrian Chiles.

First-tier Tribunal applied flawed reasoning to question of TV presenter's IR35 status

Articles & Blogs Employment

Waiving future discrimination claims under a settlement agreement

Friday, 21 June 2024

The Employment Appeal Tribunal (EAT) has found that a Tribunal was correct to strike out a claim for disability discrimination due to a waiver in a settlement agreement.

Waiving future discrimination claims under a settlement agreement

Articles & Blogs Employment

Tribunal adopted wrong approach to objective justification of an employer's unauthorised absence policy

Friday, 21 June 2024

The Employment Appeal Tribunal (EAT) has found that the Tribunal adopted incorrect reasoning in a claim about an employer's strict policy on unauthorised leave.

Tribunal adopted wrong approach to objective justification of an employer's unauthorised absence policy

Articles & Blogs Employment

EAT finds that employer should have considered redeployment as an alternative to ill-health related dismissal

Friday, 14 June 2024

In a recent decision, the Employment Appeal Tribunal (EAT) has offered a reminder about the importance of considering redeployment before dismissing a disabled employee.

EAT finds that employer should have considered redeployment as an alternative to ill-health related dismissal

Articles & Blogs Employment

Third-party travel benefit was withdrawn in breach of contract

Friday, 14 June 2024

The EAT has found that an employer could not rely on an agreement with a third-party provider to withdraw a lifelong travel benefit from its employees without breaching their contracts.

Third-party travel benefit was withdrawn in breach of contract

Articles & Blogs Employment

Employer's 'collective memory' influenced decision-making in victimisation claim

Friday, 14 June 2024

A recent decision has confirmed that employers can be liable for victimising employees who previously made protected disclosures, even though the decision-makers were not personally aware of the history.

Employer's 'collective memory' influenced decision-making in victimisation claim

Articles & Blogs Employment

Status of the Statutory Code of Practice on Dismissal and Re-engagement

Friday, 07 June 2024

Parliament has now been prorogued ahead of the general election on 4 July.

Status of the Statutory Code of Practice on Dismissal and Re-engagement

Articles & Blogs Employment

Employer not liable for disability discrimination without knowledge of disability

Friday, 07 June 2024

The Employment Appeal Tribunal (EAT) has upheld a decision that a bank had no actual or constructive knowledge of a former employee's neurodiversity, which was diagnosed several years after his employment ended.

Employer not liable for disability discrimination without knowledge of disability

Articles & Blogs Employment

Group claimants not entitled to re-open issue following preliminary hearing

Wednesday, 29 May 2024

The Employment Appeal Tribunal (EAT) has found that a group of claimants was not entitled to re-introduce an issue determined at a past preliminary hearing in which they did not participate.

Group claimants not entitled to re-open issue following preliminary hearing

Articles & Blogs Employment

Tribunal applied wrong test to determine agency liability in disability discrimination claim

Wednesday, 29 May 2024

The Employment Appeal Tribunal (EAT) has found that a Tribunal applied an incorrect analysis in order to determine whether an employer was responsible for the acts of an independent contractor. The claim has been remitted to a new Tribunal.

Tribunal applied wrong test to determine agency liability in disability discrimination claim

Articles & Blogs Employment

Women and Equalities Committee report highlights employment inequalities

Wednesday, 29 May 2024

A new Women and Equalities Committee (WEC) report has found the disability employment gap remains wide, and the disability pay gap continues to widen.

Women and Equalities Committee report highlights employment inequalities