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Showing 487 results for Employment
Paying women on maternity leave more than men on shared parental leave lawful
...employment. The Court of Appeal agreed. However, it went on to rule that an equal pay could not succeed. Where an employer provides a woman with more favourable maternity pay terms, this amounts to sp...
Settlement agreements can settle unknown future claims
...employment discrimination. His employer argued that he could not bring the claim as it had been settled by the settlement agreement. The employment tribunal agreed, but the Employment Appeal Tribuna...
Whistleblowing: disclosures made in defence of poor performance could still be in the public interest
...Employment Appeal Tribunal rules tribunal applied public interest test incorrectly The Employment Appeal Tribunal upheld her appeal. The employment tribunal had considered that she was primaril...
Employer’s Investigation into Alleged Theft Reasonable
...employment tribunal would have done more. In this case, the employer had investigated the defence put forward at the disciplinary hearing thoroughly and concluded it did not stack up. In those circu...
When is a Whistleblowing Disclosure in the Public Interest?
...employment contract (or some other purely personal interest) there may be other features that make it reasonable to regard the disclosure as being in the public interest. The employment tribun...
Dismissal not unfair because investigation too thorough
Dismissal not unfair because investigation too thorough The employment tribunal should not have ruled that a dismissal was unfair because the disciplinary investigation included details of similar inc...
Supreme Court Hands Down Seldon Judgment on Justifying Retirement Ages
...employment tribunal to consider whether compulsory retirement at age 65 (as opposed to any other age) was a proportionate means of achieving these aims. In Seldon v Clarkson Wright and Jakes, S, a par...
Law Degree Requirement Indirectly Discriminatory Where Employee Unable to Obtain Degree Before Retirement
...employment tribunal but the EAT and CA both considered that there had been no indirect discrimination on grounds of age. The barrier to promotion was not his age but his impending withdrawal from the...
Injury to Feelings Compensation Taxable as a Termination Payment
...employment or alternatively on termination. Where the payment relates to termination of employment, it is taxable as a termination payment (and the first £30,000 of the overall compensation paid in co...
Acas Code Does Not Apply to Ill-health Dismissals
...employment tribunal ruled that the Code does not apply to ill-health dismissals and it therefore refused to increase compensation for failing to follow the Code. Mr Holmes appealed. Decision The Em...
No Discrimination Where Employee Dismissed for Absence due to Post-Natal Depression
No Discrimination Where Employee Dismissed for Absence due to Post-Natal Depression An employee dismissed after the end of her maternity leave following absence for post-natal depression had not been ...
Lower termination payments for fixed-term employees not unlawful
...employment tribunal considered that the difference in treatment was not justified. As an employment tribunal decision, it is not binding. As a result of the ECJ’s decision, there may be some scope fo...
Disability Discrimination: A Move to Another’s Job is a Reasonable Adjustment
...Employment Tribunal found that in the circumstances of the case, it would have been reasonable to either swap the jobs being undertaken by the Claimant and another police constable, or to medically re...
Employee Dismissed after Multiple Discrimination Complaints had been Victimised
...employment tribunal claims of race discrimination, harassment and victimisation. The tribunal dismissed the victimisation claim, ruling that W had not been dismissed because he had made discriminati...
Job Applicants Not interested in Obtaining Job Cannot Claim Discrimination
...employment. However, a person who is applying for a post with the sole purpose of bringing a claim is not “seeking employment”, as they do not want the post applied for. They cannot therefore bring...
Procedure: Criticism of performance was not defamatory
Procedure: Criticism of performance was not defamatory In Daniels v British Broadcasting Corporation, the High Court has struck out a libel action brought by Mr Daniels against his former employer. Mr...
EAT Considers Whether Pre-existing Consultative Body Could be Consulted over Redundancies
...employment. Thirty two employees refused to agree the changes and the employer entered into collective consultation over its proposal to terminate their employment and offer them re-engagement on the ...
Sick Workers Can Carry Over Holiday for 18 Months
...employment, Mr Plumb claimed payment in lieu of untaken holiday for the 2010/2011, 2011/2012 and 2012/2013 leave years. The employment tribunal dismissed his claim. It considered that his medical co...
Employer’s policies highly relevant when assessing reasonable adjustments
...employment tribunal rejected her claim, ruling that the alternative parking arrangements HMRC had put in place were sufficient. Ms Linsley appealed to the Employment Appeal Tribunal (EAT). &nbs...
Vegetarianism and beliefs about transgenderism not protected
Vegetarianism and beliefs about transgenderism not protected Employment tribunals have ruled that a belief in vegetarianism and various beliefs about transgenderism are not protected under the Equalit...