When is an employer liable for disability discrimination?
Disability discrimination is unlike other types of discrimination (sex, race, religion etc) in that there is a requirement that for an employer to be liable for acts of discrimination, they must have known, or to have reasonably known that the employee was disabled. The circumstances In the case of Preston v E.on Energy Solutions Ltd, […]
Is supporting a football club, a philosophical belief?
In the case of Mr E McClung v Doosan Babcock Ltd, the Employment Tribunal considered whether someone supporting a particular football team can be deemed a philosophical belief in accordance with the Equality Act 2010. In which case, it would offer employees protection from discrimination and unfair treatment. The circumstances In this case, Mr McClung […]
Pimlico Plumbers Ruling: Do you need to review your annual leave policy?
Claiming backdated holiday pay outside the usual tribunal time rules You may well remember a case going back and forth through the various courts relating to Pimlico Plumbers. It is a long-standing and complicated case that has dealt with employment status and rules around claiming backdated holiday pay. The claimant (Gary Smith) was unsuccessful in […]
Is Covid-19 a serious and imminent danger for the purpose of the Employment Rights Act?
Coronavirus related employment claims can include breach of contract and discrimination in respect of Furlough, both in terms of the selection and process in managing the scheme and unfair dismissal claims in respect of redundancy selection and failure to consult. Some health and safety claims can also be lodged at an employment tribunal, such as […]
Coronavirus Tribunal Claim: dismissal for refusing to wear a face mask
The UK is now starting to see claims at employment tribunal connected to employment disputes arising out of the pandemic. Coronavirus related employment claims can include breach of contract and discrimination in respect of Furlough, both in terms of the selection and process in managing the scheme and unfair dismissal claims in respect of redundancy […]
Interesting Employment Tribunal Cases 2020 and UK Employment Law After Brexit
In this article with accompanying webinar recording, we look back over some of 2020’s key interesting employment tribunal cases, as well as consider how UK employment will be impacted by Brexit. UK Employment Law 2021 and Beyond How leaving the EU impacts UK legislation When the UK was a member of the European Union (EU), […]
Employment Tribunal 2020 Case Ruling – Employment Status
Employment Status – Referees Are part-time football referees employees, whose match fees and other payments are subject to PAYE, or independent contractors? In the case HMRC vs Professional Game Match Officials Limited, referees were engaged by Professional Game Match Officials Limited (PGMOL) to officiate at matches primarily in Leagues 1 and 2, but also the […]
Employment Tribunal 2020 Case Ruling – Exceptional Fair Dismissal
M Gallacher vs Abellio Scotrail Ltd – An exceptional fair dismissal A fair dismissal requires a proper procedure to be followed, and the decision to dismiss to fall within the band of reasonable responses. However, in the employment tribunal case Gallacher vs Abellio Scotrail Ltd, an exception was made given the very unusual and rare […]
Employment Tribunal 2020 Case Ruling – Working Time Regulations – Travel Time
Working Time Regulations – Travel Time A group of home care providers were ordered to pay more than £100,000 in backdated earnings, equating to around £10,000 per employee, which was the equivalent of 9 months full time work at the national minimum wage and holiday pay rates because of a tribunal claim which challenged what […]
Employment Tribunal 2020 Case Ruling – Redundancy Consultation
Redundancy Consultation Deciding the threshold for when collective consultation is triggered: Case UQ v Marclean Technologies SLU looks at when the threshold exists for when collective redundancy consultation is triggered. In this case, UQ was dismissed on the grounds of redundancy, however the company then made a further 36 redundancies afterwards, leading UQ to argue […]
Employment Tribunal 2020 Case Ruling – Marital Status Discrimination
Marital Status Discrimination Bacon v Advanced Fire Solutions Ltd and Ellis: Less favourable treatment after announcing divorce was marital status discrimination Mrs Bacon’s husband joined the organisation after Mrs Bacon, but both went on to take up Director roles. In 2017, Mrs Bacon informed Mr Bacon of her wish to separate however wanted to continue […]
Employment Tribunal 2020 Case Ruling – Unfair Dismissal
Unfair Dismissal Chemcem Scotland Ltd v Ure: Unfair Dismissal? This is a case looking at whether an employee’s failure to return to work after maternity leave was a constructive unfair dismissal following repudiatory acts. In constructive dismissal claims, a contract is not automatically terminated by an employer’s repudiatory breach. For the contract to be terminated […]
Employment Tribunal 2020 Case Ruling – Religious belief discrimination
Religious Belief Discrimination Mrs. K Higgs vs Farmor’s School: Employer successfully defends Religious Belief Discrimination claim Mrs. K Higgs, employed in a school, was dismissed for having posted on her private Facebook account, her own views criticizing the teaching of LGBT relationships in primary schools. The school had been made aware of her posts by […]
Employment Tribunal 2020 Case Ruling – Pregnancy Discrimination
Pregnancy Discrimination Ms K Wright vs Coupland Cavendish Ltd Ms K Wright was employed as an administrator and was dismissed after one week of employment because she suffered from pregnancy related hyperemesis, causing nausea, and vomiting. This led to her having two separate days off sick. The reason for the dismissal given by Coupland Cavendish […]
Employment Tribunal 2020 Case Ruling – Disability Discrimination – Record £4.7m to bank worker bullied over disability
Disability Discrimination Record £4.7m to bank worker bullied over disability In Royal Bank of Scotland plc v AB a bank worker has been successful in bringing a disability discrimination claim by being awarded more than £4.7 million after being made to feel “worthless” and “unsupported” by her colleagues and subjected to bullying throughout her 6 […]
Employment Tribunal 2020 Case Ruling – Disability Discrimination – Unfair Dismissal and Disability
Unfair Dismissal and Disability Miss S J Austin vs The Leeds Teaching Hospital NHS Trust A hospital secretary has been found to have been unfairly dismissed and discriminated against on the grounds of disability for repeatedly checking her own medical record. The tribunal found that the Hospital Trust did not take account of the fact […]
