Psychiatric illness, such as depression, may come as a consequence of unfair or discriminatory treatment by another employee or their employer. In Hampshire County Council v Wyatt, the EAT held that such injury does not have to be evidenced by expert medical reports (although it is strongly advised)....
In Herry v Dudley MBC the EAT was asked to consider if stress amounted to a disability under the Equality Act. Further, it was asked to consider if the Tribunal had fully considered the Claimant’s ability to pay when ordering him to pay all the Respondent’s costs (in excess of £100,000)....
Protected conversations were introduced to allow employers to have an “off the record” discussion with an employee concerning their exit. Evidence of pre-termination negotiations is inadmissible in ordinary unfair dismissal claims unless there is improper behaviour. Unfortunately for the employer in Lenlyn UK Ltd v Kular, they discovered this exception the hard way....
As reported back in May, the Trade Union Act 2016 introduces new requirements relating to balloting for industrial action. In particular, such ballots will require a 50% turnout and, for important public services, a 40% supporting vote before industrial action can be taken....
In the recent case of Gorka Salaberria Sorondo v Academia Vasca de Policia y Emergencias the European Court of Justice determined that the imposition of an upper age limit of 35 years for new recruits to Basque Police Force was not in contravention to EU law....
The news is awash with stories of how companies treat their staff, whether it’s delivery drivers working as self-employed contractors, university lecturers ...
This week the Government has laid its revised Gender Pay Gap Regulations before Parliament for approval (the “Regulations”). It is expected that the Regulations will be passed by the end of January and come into force in April 2017....
In the recent case of Bellman v Northampton Recruitment Ltd, the High Court held that a company was not vicariously liable for an assault by its director on an employee which took place after the employer’s Christmas party had ended when the two individuals, along with other employees, went back to a hotel to continue drinking....
Whilst the rate of employment for the non-disabled population is currently 80%, only 48% of disabled people are in employment. ...
On 25 November 2016, two new sanctions came into force which can be used by HMRC where it finds a failure to pay the applicable rate of National Minimum Wage/National Living Wage....
You may have seen in the news the case of Mrs Wood, a senior nurse, who recorded her colleague’s temperature on a screening form at Heathrow Airport as 37.2C despite knowing it to be at least one degree higher. ...
Earlier in the year and before the Brexit results were announced we blogged on the EU General Data Protection Regulation (the Regulation) and the impact that this would have on employers going forward. But, what’s the story now the UK has voted to leave the EU - will the Regulation still apply to the UK?...
In Thomas v BNP Paribas Real Estate, the Employment Appeal Tribunal (EAT) held that a Tribunal’s finding that a redundancy process was ‘insensitive and perfunctory’ did not easily sit with its ultimate decision that the process was reasonable and the dismissal fair. ...
In Liddington v 2gether NHS Foundation Trust, the Employment Appeal Tribunal (EAT) upheld an Employment Tribunal’s (ET) decision to award costs against the Claimant, who was acting in person....
The Guardian 22 Nov 2016 reported that Paris Saint Germain defender, Serge Aurier, has been refused permission by the Home Office to travel to England for today’s Champions League match against Arsenal....
Unlike many other countries, in the UK there is no minimum entitlement to bereavement leave. There is a requirement for an employer to give unpaid emergency leave to take action required due to a dependent’s death but this is only expected to cover leave for funeral arrangements rather than actual time to grieve. ...
Treating male and female staff differently will not be direct sex discrimination, unless one group is treated less favourably than the other as a result....
The Employment Appeal Tribunal (EAT), in Grange v Abellio London, has ruled that an employee does not have to actually request a rest break before making a claim that they have been refused rest breaks....
The importance of enhanced collaborative working with suppliers is that it may provide a more trustworthy system of engagement, to include the workforce of the suppliers. ...
New figures published by the Trades Union Congress (TUC) show that the number of claims challenging unfair dismissals and discrimination at work has fallen by 9,000 a month and blames this reduction on the introduction of employment tribunal fees in July 2013....