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...
The EAT has upheld a tribunal's decision that making an employee redundant after a period of disability-related sickness absence was not discrimination arising from disability. Although it had become apparent to the employer during the employee's absence that it could manage without his post, this...
The EAT has upheld the decision of an employment tribunal that a job applicant with Asperger's suffered indirect disability discrimination when her prospective employer required her to undergo a multiple choice test and refused to adjust the format of the test. The requirement was a...
The Court of Appeal has held by a majority that, where there is no contractual provision governing when a notice of termination served by an employer takes effect, the contractual notice only takes effect when the employee has personally taken delivery of the letter containing...
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...
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