The ECJ has given judgment that a Belgian company's dress code banning employees from wearing any visible religious, political or philosophical symbols in the workplace, which was used to prevent a Muslim employee from wearing an Islamic headscarf, did not amount to direct discrimination. The...
Tribunal compensation limits will increase on 6 April 2017 under the Employment Rights (Increase of Limits) Order 2017 (SI 2017/175). The maximum compensatory award for unfair dismissal will rise from £78,962 to £80,541. The maximum amount of a week's pay, used to calculate statutory redundancy...
The EAT has allowed an appeal against a tribunal's finding that an employee who suffered from type 2 diabetes was not disabled for the purposes of the Equality Act 2010. The employment judge had not properly addressed the question whether type 2 diabetes could be...
The Employment Appeals Tribunal (EAT) has upheld a decision that an employee was fairly dismissed when, having decided that a disciplinary offence merited a final written warning, the employer went on to dismiss the employee after considering his history of expired warnings and its belief...
The EAT has held that a tribunal erred in finding that a claimant had made a protected disclosure. The tribunal had been entitled to find there had been a disclosure of information, this case being an example of the situation identified in Kilraine v London...
The EAT has held that an employment tribunal incorrectly applied the relevant tests when refusing to accept a claim for unfair dismissal and race discrimination presented two days out of time. The original claim, presented on the cusp of the limitation date, was rejected because...
The EAT has upheld an employment tribunal finding that Article 8 of the European Convention on Human Rights was not engaged when an employer used for disciplinary purposes material seized by the police in the course of a criminal investigation. While the aspects of private...
The EAT has held that a tribunal erred when making an order for re-engagement against a County Council employer. The Council was required to re-engage a former employee in a term-time only contract in a specific locality, with part-time hours of 18.5 per week within...
The High Court has held, obiter, that whether a clause is a penalty cannot depend upon the ability of the particular contract-breaker to pay the specified amount, or the source from which he has to pay. The penalty doctrine focuses on the lack of proportionality...
A disclosure may be protected disclosure if it is made to a person who is prescribed to receive disclosures (a prescribed person) and certain requirements are met. A statutory list of prescribed persons was introduced on 1 October 2014 by the Public Interest Disclosure (Prescribed...
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