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
This week we summarise three very recent developments in employment law, one involving the Employment Rights Bill (ERB) and two new cases....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 March update includes a case on whether a theatre and agency could dismiss an actor playing a lesbian role because of her devout Christian beliefs, and a case looking at whether an employee who spends virtually all her...more
Are Transgender Individuals “Women” Under the Equality Act 2010, Bringing New Whistleblowing Claims Already Dismissed and Settled Under a COT3, the Necessity of Early Redundancy Consultation, and a General News Roundup. ...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 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
An employee will succeed with an indirect sex discrimination claim if she can show that her employer applied a provision, criterion or practice (PCP) that put women (including the employee) at a disadvantage when compared...more
In this weeks issue: Who knew? Women less likely to be able to accommodate certain working patterns Spring in the step - Deliveroo riders not workers for trade union recognition Going, going, gone - final edition of the...more
Our May 2021 update considers key employment law developments from April. It includes recent cases on automatic unfair dismissal in the context of serious and imminent danger arising out of COVID-19; when it is appropriate...more
Cashiered – supermarket staff succeed in Supreme Court - To bring an equal pay claim, an employee has to point to a comparator of the opposite sex doing like work, work rated as equivalent or work of equal value. If the...more
Our January update considers recent developments in employment law, including cases on post-termination restrictions, interim relief for discrimination and victimisation claims, and the right to respect private life. We also...more
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
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
Weekly newsletter on employment matters. In this weeks issue: - Wide reach – tribunal could hear claims against workers based abroad... - Is sex discrimination law fit for purpose? ...more
In Commissioner of Police of the Metropolis v Denby (UKEAT/0314/16), the Employment Appeal Tribunal (EAT) considered where liability for discrimination sits where a decision-maker is influenced by others. Mr Denby was a...more
Don't ask, don't get – data subject access requests and litigation - The Court of Appeal has provided further guidance on responding to data subject access requests made in the context of litigation – in this case...more
Flesh on the bones? Pay gap reporting guidance published - When the draft Gender Pay Gap Reporting Regulations (the Regulations) were published in December 2016, the government promised further guidance to help employers...more
Autumn Statement – Employment Issues The Chancellor has issued an autumn statement setting out certain proposed fiscal changes in the UK. One of these is to the Employee Shareholder Status (ESS) regime, which is set to...more
In Geller v Yeshurun Hebrew Congregation UKEAT/2016/0190, the Employment Appeal Tribunal (EAT) considered the concept of subconscious discrimination under U.K. discrimination law. Mr and Mrs Geller worked for the...more