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Human Resources Professionals Employer Liability Issues UK Employment Appeal Tribunal

BCLP

Whistleblowing Job Applicants, Discrimination Outside Employment, and Liability for HR Consultants, Plus a News Roundup - UK HR...

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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

BCLP

UK HR Two-Minute Monthly: May 2024

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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

BCLP

UK HR Two-Minute Monthly: April 2024

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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

A&O Shearman

Managing a clash of rights in the workplace – recent cases and legal consideration

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In the third instalment of our equality and discrimination blog series, I explore how to deal with the growing issue of addressing conflicting rights in the workplace. This is one of the most difficult challenges for...more

BCLP

UK HR Two-Minute Monthly: July 2023

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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

BCLP

UK HR two-minute monthly: April 2023

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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

BCLP

UK HR Two-Minute Monthly: March 2023

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Our March update includes new cases on whether a “without prejudice” letter attaching a settlement agreement and referring to a termination by mutual agreement can be an effective dismissal letter, the role of written...more

BCLP

UK HR two-minute monthly: marital status discrimination, private WhatsApp messages as tribunal evidence, sickness...

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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

BCLP

UK HR Two-Minute Monthly: “Without prejudice” discussions, 100% Polkey reductions, calculation of long periods of loss of earning...

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Our January update includes new cases on “without prejudice” conversations on termination of employment, the difficulties of applying 100% “Polkey” reductions in unfair dismissal awards, and issues of employers introducing...more

BCLP

UK HR Two-Minute Monthly: Discrimination for philosophical belief, extensive anonymity orders, dismissals for political views and...

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Our September update includes new case law on the controversial area of gender-critical/trans beliefs, a far-reaching anonymity order made by the EAT, dismissals for political beliefs/activities and a news roundup on ACAS...more

BCLP

UK HR Two Minute Monthly: specific disclosure, voluntary redundancy/unfair dismissal, religious belief harassment and changes to...

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Our May update considers key employment law developments from April 2022. It includes an interesting case on specific disclosure requests, details about the future “road map” for employment tribunal proceedings, the new code...more

BCLP

UK HR Two Minute Monthly: COVID-19 automatically unfair dismissal; objective justification to discrimination arising from...

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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

BCLP

UK HR Two Minute Monthly: TUPE transfers to multiple transferees, public interest test in whistleblowing cases and unfair...

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Our April 2021 update includes a case which signals a potentially significant change in approach to TUPE transfers involving multiple transferees. We also consider a recent whistleblowing case in which it was considered that...more

BCLP

UK HR Two Minute Monthly: religious discrimination; TUPE; IR35

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Our first update of 2020 outlines key UK employment law developments over the last month. It includes cases on the definition of ‘employee’ under TUPE, the impact of a job evaluation survey in relation to equal pay, direct...more

BCLP

HR Two Minute Monthly: shared parental pay, holiday pay calculations and whistleblowing

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Our July update considers recent developments in employment law, including cases on shared parental pay, holiday pay calculations and whistleblowing disclosures.  We also outline other points of note, including proposed...more

BCLP

HR Two Minute Monthly: fitness and propriety; disciplinary injunctions; unconscious bias

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Our May update outlines the key UK employment law developments over the last month. It includes cases on the fitness and propriety test for regulated firms, the operation of disciplinary proceedings and pay during suspension,...more

Faegre Drinker Biddle & Reath LLP

Warning to HR Against Over Involvement in Disciplinary Investigations

In Ramphal v Department for Transport UKEAT/0352/14, the Employment Appeal Tribunal (EAT) considered whether heavy involvement by HR in a disciplinary investigation rendered a subsequent dismissal unfair....more

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