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Our employment law update for August covers a case about the iniquity exception to legal privilege, a whistleblowing case involving a long-delayed judgment and third party reports, and a case on whether discriminatory actions...more
Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more
Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more
Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more
Our April update includes cases on religious belief discrimination in the education sector, with a school chaplain preaching to pupils his views on same-sex marriage, a case considering whether the potentially disruptive...more
Our February update includes new cases on marital status discrimination, including a general refresher on direct discrimination, a case of whether private WhatsApp messages can be used in tribunal proceedings, and how to deal...more
Dismissing an employee for long term sickness absence could be discrimination arising from a disability if an employer cannot show that the dismissal is objectively justified. The recent UK EAT decision in Department for Work...more
Our August 2021 update considers recent developments in employment law, including a significant case on section 100(e) automatically unfair dismissals during the COVID-19 lockdown, and cases on disability discrimination and...more
In Aleem v E-Act Academy Trust the UK EAT decided that it was not a reasonable adjustment to continue to pay an employee at her previous higher rate when she moved to a different lower-paid job because of a disability....more
Managing an employee who has persistent short or medium term ill-health absence is difficult for an employer. Dismissing an employee whose attendance is unlikely to improve may be fair, but this will often depend on medical...more
Timing is everything – acts pre-dating disability not discrimination - The EAT decision in Tesco Stores Ltd v Tennant confirmed that an employee could not bring a discrimination complaint in relation to acts that pre-dated...more
Perception is king – rejection for hearing impairment perceived disability discrimination - In The Chief Constable of Norfolk v Coffey the Court of Appeal confirmed that rejecting a transfer request from someone with a...more
Our June update considers recent developments in employment law, including cases on disability discrimination, injury to feelings and unfair dismissal for inappropriate promotion of religion. We also outline other points of...more
Space invaders – parking policy relevant to reasonable adjustments claim - In Linsley v Commissioners for Her Majesty's Revenue and Customs the EAT confirmed that the employer's parking policy should not have been...more
Collective Redundancies: What Is an “Undertaking Controlling the Employer?” In Bichat v Aviation Passage Service Berlin GmbH & Co KG [2018] C-6117, the European Court of Justice (ECJ) considered the meaning of an...more
When Is Notice of Termination Effective? In Newcastle Upon Tyne NHS Foundation Trust v Haywood [2018] UKSC 22, the U.K. Supreme Court upheld last year’s Court of Appeal decision, reported by us here, that where an...more
The United Kingdom Supreme Court recently held that an individual who worked for Pimlico Plumbers as an “independent contractor” was in fact a “worker.” Pimlico Plumbers Ltd and another v Gary Smith [2018] UKSC 29....more
Court of Appeal: Disability Discrimination & Reasonable Adjustments - In United First Partners Research v Nicolas Carreras [2018] EWCA Civ 323 the Court of Appeal considered whether an expectation (rather than a...more
No need to know that reason for unfavourable treatment arises from disability - Employees can only succeed with a claim of unfavourable treatment arising from a disability if the employer knows that they have a disability....more
In The Chief Constable of Norfolk v Coffey [2017] UKEAT 0260_16_1912 the Employment Appeal Tribunal (EAT) considered whether someone who was not disabled could succeed in a disability discrimination claim on the basis that...more
Weekly newsletter on employment matters. In this weeks issue: - Promises, promises – individual pay offers a breach of TULRCA... - You and whose army? EHRC outlines approach to enforcing gender pay gap...more
In the case of Government Legal Services v Brookes [2017] UKEAT/0302/16/RN, the Employment Appeal Tribunal (EAT) considered whether a job applicant with Asperger’s Syndrome was discriminated against due to the requirement to...more
Wrong answer – applicant should have been allowed an alternative to multiple choice test - The EAT in Government Legal Service v Brookes found that a job applicant with Asperger's had been unlawfully discriminated...more
The Employment Appeal Tribunal (EAT) in Herry v Dudley Metropolitan Council UKEAT/0100/16/LA considered whether an employee’s long-term stress made him disabled for the purposes of U.K. disability discrimination law. Mr...more