Uplifting – injury to feelings compensation must be increased by 10% -
After a number of conflicting decisions in the EAT, the Court of Appeal has confirmed that injury to feelings discrimination compensation awarded in...more
Compare and contrast – pension based on hours reduced because of disability was not discriminatory -
The Court of Appeal has upheld the EAT decision in Williams v The Trustees of Swansea University Pension & Assurance...more
Keep it for later – European Court's Advocate General issues Opinion that the right to paid leave can be carried over if employer has not offered it -
According to the preliminary Opinion of the European Court in The Sash...more
6/12/2017
/ Adverse Employment Action ,
Disability ,
Disability Discrimination ,
Discrimination ,
Employment Contract ,
Employment Litigation ,
Employment Tribunals ,
Equality Act ,
EU ,
Hiring & Firing ,
Non-Compete Agreements ,
Paid Leave ,
Restrictive Covenants ,
UK ,
Wage and Hour
Wrong answer – applicant should have been allowed an alternative to multiple choice test -
The EAT in Government Legal Service v Brookes found that a job applicant with Asperger's had been unlawfully discriminated...more
5/15/2017
/ Arbitration ,
Bargaining Units ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Job Applicants ,
UK ,
UK Employment Appeal Tribunal ,
Unions ,
Whistleblowers
One for all – no need to prove the reason for group disadvantage for indirect discrimination claim -
The Supreme Court in Essop v Home Office has allowed the claimants' appeal against the Court of Appeal's rejection of...more
Plus ça change… - the employment law implications of the Great Repeal Bill -
The government published its white paper "Legislating for the UK's withdrawal from the EU" last week. The employment law consequences of Brexit...more
4/3/2017
/ Court of Justice of the European Union (CJEU) ,
Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Equality Act ,
EU ,
European Communities Act ,
Proposed Legislation ,
TUPE ,
UK ,
UK Brexit
Lack of communication – contractual dismissal notice only took effect when received -
In Newcastle Upon Tyne NHS Foundation Trust v Haywood the Court of Appeal has decided that contractual notice of dismissal only took...more
3/27/2017
/ Appeals ,
Contract Terms ,
Discrimination ,
Employee Misconduct ,
Employment Litigation ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Investigations ,
Pay Gap ,
Reporting Requirements ,
Termination ,
UK Employment Appeal Tribunal ,
Wage and Hour
Last minute decider – incapacity dismissal without considering new evidence was disability discrimination -
The Court of Appeal in O'Brien v Bolton St Catherine's Academy has reinstated a Tribunal decision that the...more
3/21/2017
/ Appeals ,
Ballots ,
Disability Discrimination ,
Discrimination ,
Dress Codes ,
Employment Litigation ,
European Court of Justice (ECJ) ,
Fitness for Duty Exams ,
Hiring & Firing ,
Religious Clothing ,
Religious Discrimination ,
UK ,
UK Employment Appeal Tribunal
Missing the jackpot – High Court awards nominal damages for breach of confidentiality -
Marathon Asset Management LLP v Seddon arose out of a team move from an investment management business (MAM). Prior to leaving...more
3/6/2017
/ Appeals ,
Breach of Contract ,
Confidentiality Agreements ,
Disability Discrimination ,
Disciplinary Proceedings ,
Discrimination ,
Harassment ,
Race Discrimination ,
Surveillance ,
UK ,
UK Employment Appeal Tribunal