News Image

News

Keep up to date and increase your knowledge with the latest news and insights about employment law

Protected disclosures: junior doctors not protected from detriment by national training body

The EAT has upheld an employment tribunal’s decision that whistleblower protection under the ERA 1996 does not protect a junior doctor from detriment by Health Education England (HEE), the body responsible for education, training and workforce planning for all NHS staff in England. His relationship with HEE was not covered… Read More

The EAT has upheld a tribunal’s decision that an employee’s dismissal was not direct disability discrimination

The EAT has upheld a tribunal’s decision that an employee’s dismissal was not direct disability discrimination as the decision-maker did not know that he was disabled. The knowledge of the employer’s Occupational Health department in relation to the employee’s disability could not be imputed to the decision-maker in the disciplinary… Read More

EAT rules on correct approach to comparators in an age discrimination claim

The EAT has addressed the question of comparators in a direct age discrimination case. An employee aged over 50 who was denied the opportunity to apply for voluntary redundancy during a reorganisation was able to compare his treatment with two employees under 50 who applied successfully for voluntary redundancy. The… Read More

Employment Appeal Tribunal

New early conciliation not required before amending ET claim The EAT has held that it is not necessary for a claimant to go through the early conciliation process (EC) again in respect of a new claim arising after EC has concluded and an ET1 presented to the tribunal. Parliament intentionally… Read More

UK – Gender Pay Gap

Male financial managers are earning almost £45,000 a year more than women working in the same occupation, according to new analysis from specialist recruitment firm Michael Page. Similarly, the annual salary of female health professionals is less than half the salary of their male colleagues. The analysis revealed the professions… Read More

Acas publishes new guides on rights for antenatal and adoption appointments and surrogacy

Acas has published a brief guide explaining the rights to time off for antenatal and adoption appointments. It has also published a separate brief guide on surrogacy setting out the rights available to surrogate mothers and intended parents. The Children and Families Act 2014 changed the law, introducing the right… Read More

“Working time” can include time spent travelling to and from home for workers with no fixed workplace

Advocate General Bot has given his opinion in a case before the European Court of Justice that for peripatetic workers (those who are not assigned to a fixed place of work), the time spent travelling from their home to their first assignment, and from their last assignment back to their… Read More

Employee fairly dismissed despite procedural deficiencies and non-compliance with Acas Code

The EAT has upheld a tribunal’s decision that an employee’s dismissal was fair in circumstances where there were serious procedural failings at the first stage of the process. The EAT found that the tribunal had given adequate regard to the nature and extent of the flaws and upheld its conclusion… Read More

Dismissal of Christian employee for expressing negative views on homosexuality was discriminatory

An employment tribunal has held that a Christian nursery employee was directly and indirectly discriminated against by her employer on the grounds of her religion or belief when it dismissed her for expressing negative views about a colleague’s homosexuality. However, the employee’s claim of harassment was not upheld because the… Read More

Urgent Update – Holiday Pay Claims

Calculating holiday pay In addition to current legislation, a number of recent court judgments should be considered when calculating holiday pay. This means that the rules employers and workers follow to calculate holiday pay may need to be updated. The introduction of The Deduction from Wages (Limitation) Regulations 2014 means… Read More