The EAT has heard a case, the history of which it described as ‘very unusual’. The case involved claims of unfair dismissal based on a constructive dismissal claim and of discrimination arising out of the part-time worker status of the claimant. The claimant and respondent went through a fully contested hearing. However, that contested hearing …
Continue reading “EAT – deposit order”
In a case which has hit the headlines, the ET considered a number of claims against the OU (including discrimination and harassment) from a professor who stated her gender critical beliefs. This is a controversial topic and one which all employers should consider carefully. The press summary is as follows: ‘1. The Claimant was employed …
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The EAT has heard a case involving an appeal against a finding of redundancy. The claimant scored the lowest result in comparison to colleagues and was made redundant. The claimant appealed his dismissal, asserting that the score was too low as the criteria used were completely subjective which rendered the dismissal procedurally unfair. The EAT …
Continue reading “Redundancy – comparison to others”
The EAT has heard an interesting case in which it allowed an appeal against a decision that the ET had jurisdiction to hear the claimant’s claim despite the respondent claiming state immunity. The case summary is as follows: ‘Jurisdictional points – state immunity Having (through its then solicitors) accepted the jurisdiction of the Employment Tribunal …
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The EAT has allowed an appeal by an employer and has remitted the case to a differently constituted ET for redetermination. The claimant was made redundant after two male managers visited her in the shop where she worked, asked her two female colleagues to leave and then told her in the basement of the shop …
Continue reading “EAT – sexual harassment”
The EAT has heard an interesting case in which it held that liability for discrimination claims does not transfer when the party alleged to have carried out the discrimination transfers to another employer under TUPE. The case summary is as follows: ‘The Employment Tribunal upheld the claimant’s (C’s) claims for unfair constructive dismissal under the …
Continue reading “TUPE – discrimination claim”
Employers must get to grips with new rules that came into force on 6 April 2024. Under the existing rules, employers who are on maternity, adoption or shared parental leave and are selected for redundancy are entitled to be offered a suitable alternative vacancy, if available. This gives them priority protection against dismissal. Important changes …
Continue reading “Redundancy and maternity – increased protection”
The Equality and Human Rights Commission has produced some helpful guidance and resources for employers to assist with managing menopause in the workplace. They state that: ‘… under the Equality Act 2010, workers are protected from discrimination, harassment and victimisation on the basis of protected characteristics including disability, age and sex. If menopause symptoms have …
Continue reading “Menopause – guidance”
The ET has heard a case that has been widely reported in which a claimant’s anti-Zionist beliefs qualified as a philosophical belief and as a protected characteristic pursuant to s10 Equality Act 2010 at the material times. The Courts and Tribunals Judiciary case summary is as follows: ‘The claimant was employed by the respondent from …
Continue reading “Protected beliefs – Equality Act”
Employment practitioners are reminded that changes are being made to the way that paternity leave and pay can be claimed and taken. These changes will come into effect for fathers and partners from 6 April 2024; however, employees can start informing their employers from 8 March 2024 of the dates they are going to take …
Continue reading “Paternity leave – changes”