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
The return of our monthly format for employment law updates sees new cases on whether a failure to carry out ACAS Early Conciliation is fatal to claims progressing, whether a claimant after proceedings are ongoing can add new...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 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 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
Dismissal of Whistleblower Was Not Automatically Unfair - In Kong v Gulf International Bank (UK) Ltd [2022] EWCA Civ 941, the Court of Appeal considered whether the dismissal of a whistleblower was automatically unfair....more
Our August update includes new case law on the calculation of holiday pay for part-time workers, a tricky case on whistleblowing, two cases on the balance between gender critical views and trans discrimination, a news roundup...more
Our March update considers key employment law developments from February 2022. It includes an important case on holiday pay for gig economy workers, EAT guidance on employment status and a case considering the ability of a...more
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
Employment newsletter In this weeks issue: Beating around the bush – disclosure did not have to identify legal obligation Gone fishing – disclosure in equal pay claims All change – tribunal limits and pay gap reporting ...more
As we move towards a ‘new normal’, our August 2020 update outlines some of the key non-COVID related employment law developments in the UK over the last month. It includes a TUPE-related ECJ judgment which takes a different...more
It's not what you know – dismissal for whistleblowing despite dismissing manager's belief - In Royal Mail Group Ltd v Jhuti the Supreme Court has reinstated a decision that an employee was dismissed because she had blown...more
Our October update considers recent developments in employment law, including cases on the whistleblowing public interest test, whether vegetarianism is a protected belief under discrimination law, and employment status. We...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
Raising Rates: U.K. Employment Tribunal Compensation Limits and National Minimum Wage 2019 - The annual increases in compensation in the Employment Tribunals will take effect on 6 April 2019....more
Did a Temporary Break in Activities Prevent the Transfer of an Undertaking? In Colino Sigüenza v Ayuntamiento de Valladolid (C-472/16), the European Court of Justice (ECJ) considered whether a five-month break in...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 this weeks issue: - Hear no evil – manager's motives not attributed to decision taker... - By contrast – EAT rejects argument that decision maker was innocent agent with no discriminatory motive... -...more
ACAS Early Conciliation: Form Filling — Get the Name Right - Giny v SNA Transport Ltd. - Background - In Giny v SNA Transport Ltd., Mr Giny named Mr Ahmed, a director of SNA Transport Ltd. (SNA), as the prospective...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
LIKELY BREXIT IMPACT - Potentially, the biggest driver for change to UK employment law over the next few years could be Brexit. This is because a significant portion of UK employment law is derived from EU directives....more
Taxation of termination payments draft legislation published - At present, in certain circumstances the first £30,000 of a termination payment is exempt from income tax and national insurance ("NIC"). However, there have...more
When Do the ‘Self-Employed’ Qualify for National Minimum Wage and Holiday Pay? This is a hot topic at the moment with three large employers under scrutiny for their pay structures: Uber, the transport company, has...more
What happened? In Barton v Royal Borough of Greenwich, the Employment Appeal Tribunal (the "EAT") decided that an employee was fairly dismissed for misconduct after failing to adhere to his employer's instructions not to...more