Author: Vital Ruwala

19 Jul Witness orders

The Employment Tribunal Rules (Rule 92 of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 states that parties should copy other parties in to communication to the Tribunal except where there is an application for a witness order. It is...

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26 Jun Injury to feelings for racial harassment

The Employment Appeal Tribunal case of Base Childrenswear Ltd v Otshudi demonstrates that a one-off act of discrimination can result in an award for injury to feelings above the "lower band of Vento." In this particular case, an award of £16,000 was made for injury to...

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13 Jun Non-disclosure agreements in discrimination cases

This parliamentary report published on 11th June 2019 addresses various issues not limited to non-disclosure agreements themselves. One of the interesting findings was the difficulties that individuals potentially have representing themselves which is at pages 18 and 19 of the report. A PDF of the...

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03 May Suspension is not a neutral act

Employers may be wise to be careful as this case could result in a claim for constructive and unfair dismissal against a Company in circumstances where it suspends an employee pending disciplinary action. It is commonly misunderstood amongst many employers that the correct course of...

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21 Aug Sexual harassment in the workplace

The Women and Equalities Commission has produced its report on Sexual Harassment in the Workplace. Its recommendations are: • a mandatory duty on employers to protect employees from sexual harassment in the workplace, enforceable by the EHRC and punishable by fines • a duty for public sector employers to conduct...

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23 Jan Unfair dismissal – time limits

When bringing a claim for unfair dismissal, an employee has 3 months to lodge a claim to the Employment Tribunal from the "effective date of termination" (or EDT). This time limit can be extended by virtue of the process of ACAS Early Conciliation. The case of...

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10 Jan Perceived disability discrimination

The Employment Appeal Tribunal has upheld a claim for direct discrimination based on perceived disability. An employer rejected the Claimant's job application after perceiving that the applicant had a progressive condition which amounted to a disability under the Equality Act 2010. The Tribunal found that...

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