Employment Law Brief

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?

Articles & Blogs Employment

Employer's holiday fund savings scheme caused breach of National Minimum Wages rules

Thursday, 01 August 2024

The Employment Appeal Tribunal (EAT) has found that an employer breached National Minimum Wage rules by running a staff holiday fund savings scheme, using its own business current account.

Employer's holiday fund savings scheme caused breach of National Minimum Wages rules

Articles & Blogs Employment

Tribunal finds dismissal for use of intentionally provocative email signature was not discriminatory

Thursday, 01 August 2024

In a first instance decision, an Employment Tribunal has found that an employee who intentionally used a provocative email signature in protest against his employer's policy, was not discriminated against because of his beliefs.

Tribunal finds dismissal for use of intentionally provocative email signature was not discriminatory

Articles & Blogs Employment

EHRC publishes 2025-2028 draft strategic plan

Friday, 26 July 2024

The plan offers practical guidance for employers on managing employment law matters, with a focus on issues such as sexual harassment and discrimination.

EHRC publishes 2025-2028 draft strategic plan

Articles & Blogs Employment

When will an employer treat a part-time worker less favourably?

Friday, 26 July 2024

The Employment Appeal Tribunal ("EAT") has found that a claimant's part-time status must be the "sole reason" for less favourable treatment for there to be a breach of the Part-time Workers Regulations.

When will an employer treat a part time worker less favourably?

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