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
Although there’s been no further progress on the Employment Rights Bill, the courts and tribunals had an active month. The Court of Appeal opined on freedom of expression in the workplace, and the EAT considered injury to...more
Our June update includes a new gender critical philosophical belief case exploring some new areas (such as the nature of the workplace), a case on redaction of disclosure documents and whether the redacted material was...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
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
The UK’s Employment Appeal Tribunal (EAT) found on 10 June 2021 in Maya Forstater v CGD Europe and others that gender-critical beliefs—including believing that one’s biological sex is immutable and not to be conflated with...more
If not now then when? Tribunal should have identified when jurisdiction established - An employment tribunal only has jurisdiction to hear claims under the Employment Rights Act 1996 and Equality Act 2010 if the claimant...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
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
Although many HR professionals in the United Kingdom who deal with disability discrimination issues are all too familiar with the legal definition of a “disability” in the Equality Act 2010, many are unaware of the various...more