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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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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The EAT has heard an interesting case regarding unfair dismissal and maternity rights. The case summary is as follows: ‘Unfair dismissal – automatic unfair dismissal – section 99 Employment Rights Act 1996 – maternity rights – regulations 10 and 20(1)(b) Maternity and Parental Leave etc Regulations 1999 Practice and procedure – schedule 1 of the …
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Employment lawyers should note that from 6 April 2025, the Employment Rights (Increase of Limits) Order 2025 comes into effect. This Order increases the limits applying to certain awards which ETs can make, and other sums payable under employment legislation, as specified in the Schedule to the Order. Practitioners must read all of it but …
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The EAT has heard an important case relating to racist abuse being made against a professional footballer. The case summary is as follows: ‘The appellant, a professional footballer, played for the first respondent between 2021 and 2022. After a match on 11 September 2021, the appellant learned of an allegation that one of the first …
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The EAT has heard an appeal regarding that fertile ground for employment claims: disability discrimination and the Equality Act 2010. The case summary is as follows: ‘Practice and procedure – rule 37(1) schedule 1 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 – striking out an application for costs The ET had …
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The EAT has heard an appeal where it had to consider questions about the approach the ET should take to issues of group disadvantage and justification in a complaint of indirect sex discrimination, and to the determination of the reason for dismissal in a claim of unfair dismissal when the claimant had earlier accepted that …
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