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Our employment law update for May covers a new EAT case on whether job applicants can bring whistleblowing claims, whether a blatant racial insult falls outside the scope of the Equality Act 2010 because it was not made “in...more
UK employers should not overestimate the importance of the US Supreme Court’s recent decision on race-based affirmative action. The US Supreme Court has ruled that race-based college admission programmes are unlawful. As...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
The UK Supreme Court decision in Royal Mail Group Ltd v Efobi confirms that employees must still prove facts from which a tribunal could draw an inference of discrimination before their claim can proceed, despite a change of...more
Ethnicity pay gap reporting is currently voluntary in the UK. The Government ran a consultation for employers about ethnicity pay gap reporting that ended in January 2019, and on 9 February 2021, the Women and Equalities...more
Under section 109(1) of the Equality Act 2010 (EA 2010), an employer is liable for acts of discrimination, harassment, and victimisation carried out by its employees in the course of employment: “[a]nything done by a person...more
Timed out – reasonable steps defence fails because training stable - An employer can defend a discrimination claim under the Equality Act if it has taken all reasonable steps to prevent employees from committing acts of...more
Following recent events, employers may experience an increase in the number of race discrimination complaints in the workplace. Many organisations in the United Kingdom, in the United States, and globally have made public...more
Coming clean – false reason for dismissal shifted burden of proof - In Base Childrenswear Ltd v Otshudi the Court of Appeal confirmed that giving a false reason for dismissal and persisting with it was enough to shift the...more
Was an Employer Liable for an Employee’s Discriminatory Acts on Social Media? In Forbes v LHR Airport Ltd UKEAT/0174/18/DA, the Employment Appeal Tribunal (EAT) considered whether an employee’s discriminatory acts on...more
Cut it out! Covenant severed to make it enforceable - In Tillman v Egon Zehnder Ltd the Supreme Court revisited the question of when it is possible to sever words from a restrictive covenant to make it enforceable, taking...more
Fatherhood penalty – statutory shared parental pay not discriminatory - In Ali v Capita Customer Management Ltd and The Chief Constable of Leicestershire Police v Hextall the Court of Appeal confirmed that paying enhanced...more
New research, published in January 2019, into the levels of discrimination faced by ethnic minority applicants in Britain revealed some startling figures, indicating that, despite significant advances in discrimination...more
New arrival – proposals to extend redundancy protection for parents - The government is consulting on whether to extend redundancy protection for pregnant women and new parents....more
The statistics show a huge fall in the number of claims, which may be due to the introduction of tribunal fees....more