The EAT has heard an appeal relating to how ‘wages’ are to be construed. The case summary is as follows: ‘Contracts of employment; whether sums “properly due” as wages The claimant was employed by the appellant as a lorry driver. He presented a complaint under section 13 of the Employment Rights Act, 1996 for unpaid …
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The EAT has heard an interesting case regarding the anonymity of a party. The case summary is as follows: ‘Disability discrimination The Claimant suffered from Aspergers Syndrome, a form of Autistic Spectrum Disorder. He had concealed the fact that he had this disability for his entire working life from both family and employers, although he …
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The SC has heard a case regarding the right of a trade union to sue as a third party. The case summary is as follows: ‘Background to the Appeal The issue in this appeal is in what circumstances does a trade union have the right to sue as a third party for breach of a …
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One of the most talked about cases of recent times could be included in a number of sections of this edition, but as the implications of the SC’s decision on the definition of a woman for the purposes of the Equality Act 2010 has particular relevance for employers, their policies, procedures and advisers, this seems …
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The EHRC has swiftly issued some interim guidance on the practical implications of the above SC case. Their key information is as follows: ‘The Supreme Court ruled that in the Equality Act 2010 (the Act), “sex” means biological sex. This means that, under the Act: A “woman” is a biological woman or girl (a person …
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The EAT has heard an appeal against the dismissal of the claimant’s claim of disability discrimination. The case summary is as follows: ‘Disability discrimination The claimant in the employment tribunal complained of unfair dismissal and disability discrimination in respect of her dismissal, following a disciplinary process, in 2021. At a preliminary hearing the tribunal determined …
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The EAT has heard an interesting case involving the use of offensive language by an employee on a workplace communication forum (in this case, Slack). The two limbs to the amended grounds of appeal are that the ET: Should have considered whether the use of the language itself arose directly from the claimant’s disability. The …
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