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...
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...
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 Supreme Court...
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...
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...
On 20 October 2017, the government disclosed the refund scheme for selected applicants. The government has now disclosed the full refund scheme including refunds for Employment Appeal Tribunal fees. The scheme is open to claimants and respondents who paid a fee, respondents who reimbursed fees...
The case known as “Vento” is the leading case which sets down three bands of compensation for injury to feelings to be awarded if a Claimant is successful. On 5th September 2017, a Joint Presidential Guidance was issued which increased the bands for injury to...
Advocate General Sharpston has given her view that the Pregnant Workers Directive (92/85/EEC) should protect workers against dismissal from the moment they become pregnant, even before they have notified their employer of the pregnancy. The Advocate General identified a tension in the directive between the...
The Supreme Court has declared that employment tribunal and EAT fees are unlawful, under both domestic and EU Law, and has quashed the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (SI 2013/1893), on the basis that it prevents access to justice. The...
An employment tribunal has upheld a male employee's claim that his employer's failure to pay enhanced shared parental pay, in circumstances where it did pay enhanced maternity pay, amounted to direct sex discrimination. The tribunal decided that the comparison between a man on shared parental...
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