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Employment Law Articles and Blogs - VWV

Employment

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Employee with long clean disciplinary record fairly dismissed following racist incident

Wednesday, 13 March 2024

The Employment Appeal Tribunal (EAT) has found that an employee was fairly dismissed for posting a racist joke to the staff intranet, despite his strong remorse over the incident.

Employee with long clean disciplinary record fairly dismissed following racist incident

Articles & Blogs Employment

Termination of actor's contract due to views on homosexuality was not direct discrimination

Wednesday, 13 March 2024

The Employment Appeal Tribunal (EAT) has found that a claimant's contract was terminated due to adverse publicity generated by her views expressed on social media, rather than because of the views themselves.

Actor's contract terminated due to her views on homosexuality - did not suffer discrimination

Articles & Blogs Employment

ICO publishes employer guidance on sharing personal data in mental health emergencies

Wednesday, 13 March 2024

The Information Commissioner's Office (ICO) has issued employer guidance on the extent to which it is permissible to share personal data about workers during a mental health emergency.

ICO publishes employer guidance on sharing personal data in mental health emergencies

Articles & Blogs Employment

Maximum Tribunal awards set to increase

Friday, 08 March 2024

This year's annual increase to the limits applying to certain Tribunal awards has been announced. The new figures will apply from 6 April 2024.

Maximum Tribunal awards set to increase

Articles & Blogs Employment

Sum paid under settlement agreement could not be apportioned for tax treatment

Friday, 08 March 2024

The Upper Tribunal has found that an entire settlement sum was used as a termination payment for tax legislation purposes, even though it was also used to settle claims for pre-termination discrimination.

Sum paid under settlement agreement could not be apportioned for tax treatment

Articles & Blogs Employment

When is it acceptable to record Tribunal proceedings to help a disabled claimant?

Thursday, 07 March 2024

The Employment Appeal Tribunal (EAT) has confirmed the approach Tribunals should take when considering whether to allow a disabled unrepresented claimant to record a hearing.

When is it acceptable to record Tribunal proceedings to help a disabled claimant?

Articles & Blogs Employment

Equal pay - pay difference justified for firefighters on secondment

Friday, 01 March 2024

A fire and rescue service has successfully defended an equal pay claim even though the claimant and comparators were engaged in 'like work' for the period of the claim.

Equal pay - pay difference justified for firefighters on secondment

Articles & Blogs Employment

Government publishes updated draft statutory code of practice on fire and re-hire

Friday, 01 March 2024

Following last year's consultation, the Government has published an updated draft statutory Code of Practice on 'fire and re-hire'. The updated draft Code is now subject to parliamentary approval and is likely to come into force by summer 2024.

Government publishes updated draft statutory code of practice on fire and re-hire

Articles & Blogs Employment

Power to grant statutory anonymity in relation to alleged sexual offences only applies where there are criminal allegations

Friday, 23 February 2024

The Employment Appeal Tribunal (EAT) has found that a claimant in Employment Tribunal proceedings was not entitled to lifelong anonymity in circumstances where a sexual offence is alleged in civil but not criminal proceedings.

Power to grant statutory anonymity in relation to alleged sexual offences only applies where there are criminal allegations

Articles & Blogs Employment

Draft regulations published for minimum service levels in fire and rescue services

Friday, 23 February 2024

The Government has published the outcome of its consultation on minimum service levels (MSLs) for strikes by members of the fire and rescue services and laid draft regulations before Parliament.

Draft regulations published for minimum service levels in fire and rescue services

Articles & Blogs Employment

524 employers named by DBT for failure to pay National Minimum Wage

Friday, 23 February 2024

The Department for Business and Trade has named 524 employers for failure to pay the National Minimum Wage following investigations by HMRC between 2015 and 2023.

524 employers named by DBT for failure to pay National Minimum Wage

Articles & Blogs Employment

Unless orders: failure to send witness statement to respondent meant claim was struck out

Friday, 16 February 2024

A Tribunal should have struck out a claim where the claimant failed to send his witness statement to the respondent despite being under an express obligation to do so.

Unless orders: failure to send witness statement to respondent meant claim was struck out

Articles & Blogs Employment

Fictitious allegation did not give rise to victimisation protection

Friday, 16 February 2024

The Employment Appeal Tribunal (EAT) has found that a Tribunal was entitled to conclude that a Claimant had not been victimised, even though its reasoning for rejecting the victimisation claim was wrong.

Fictitious allegation did not give rise to victimisation protection

Articles & Blogs Employment

Claimant's unreasonable conduct did not make it impossible to achieve a fair trial

Friday, 16 February 2024

The Employment Appeal Tribunal (EAT) has found that the Tribunal was wrong to strike out a claim on the basis that the claimant's conduct made a fair trial impossible.

Claimant's unreasonable conduct did not make it impossible to achieve a fair trial

Articles & Blogs Employment

TUPE transfers: employer's liability for discrimination does not transfer with perpetrator

Friday, 09 February 2024

The Employment Appeal Tribunal (EAT) has recently found that liability for discrimination claims does not transfer under TUPE in cases where the perpetrator's employment transfers, but the claimant's does not.

TUPE transfers: employer's liability for discrimination does not transfer with perpetrator