Employment Law Cases

Working from home and the return to the office

A senior employee’s request to work permanently from home was justifiably rejected by her employer, despite the fact that she had successfully been doing so since the start of the pandemic.

Settlement agreements and future claims

Unknown future claims arising under the Equality Act 2010 may be waived in a settlement agreement provided that the types of claims are clearly identified.

Constructive dismissal and affirmation

The passage of time before an employee resigns will not necessarily by and of itself amount to the employee affirming their contract and therefore losing the right to claim unfair constructive dismissal.

Redundancy consultation must be with the workforce at the formative stage

Irrespective of whether proposed redundancies are collective or individual, consultation in a redundancy situation should take place with a workforce at a formative stage to explore ways of avoiding redundancies. And selection criteria imposed by a parent company in another country are not necessarily going to pass the same tests of reasonableness in the UK.

Deliveroo riders, union recognition and 'worker' status

Riders for Deliveroo are not in an ‘employment relationship’ for the purposes of European law such as to enable them to seek compulsory union recognition.

Resignation in the heat of the moment

The EAT re-examines the current legal position surrounding the retraction of a resignation made in the heat of the moment. Subjective intention is irrelevant and a reasonable bystander test applies.

Bonus clawback and restraint of trade

A contractual clause requiring an employee who had given notice to repay a discretionary bonus was not a restraint of trade, and the employer was entitled to rely on it and receive the repayment.

Menopause and disability

An employer treated an employee unfavourably because of something arising from her disability of menopause and failed to make reasonable adjustments.

TUPE: transfer of share incentive plan

The right to participate in a share incentive plan transferred to a new employer under TUPE, even though the employee’s entitlement to participate in the plan arose under an agreement separate from and not referred to in his contract of employment.

Reasonable adjustments: scope of duty to enquire

An employer’s failure fully to enquire into a dyspraxic job applicant’s needs when he was applying online led to a finding of disability discrimination for failure to make reasonable adjustments.

Postponement of employee's termination date

An employee was not unfairly dismissed when his employer extended his termination date multiple times to give him a chance to return to work from sickness absence.

Whether contract was varied or terminated

An employee’s contract had been terminated by the employer’s unilateral imposition of new terms and conditions.

Meeting with employee prior to dismissal

The lack of a meeting between an employee and the dismissing officer will not in and of itself, in all circumstances, make a dismissal unfair.

Discrimination: perception of harassment

Only unwanted conduct of which a claimant is aware can be taken into account in a claim for harassment.

Philosophical belief discrimination and transgender issues

‘Gender-critical’ beliefs, including a belief that biological sex is real, important, immutable and not to be conflated with gender identity, are protected under the Equality Act and the European Convention on Human Rights.

Religion or belief: manifestation of and assessing proportionality

Employers cannot discipline an employee for manifesting a protected belief because someone else may be offended - unless they have also considered whether the action is both necessary and proportionate.

Discriminatory dismissals: identifying decision maker

A decision to dismiss based on tainted information given by a line manager to the dismissing manager could not make the dismissal discriminatory unless the dismissing manager was motivated by the relevant protected characteristic (here pregnancy).

Holiday pay on termination: 'relevant agreement'

When calculating pay for accrued but untaken statutory holiday at the end of employment under the Working Time Regulations, an employment contract (or other agreement) cannot stipulate a formula for calculating that holiday pay which would result in a worker being paid less than the usual amount they would have been paid for working.

Redundancy and the duty to consider furlough

An employee made redundant in the early months of the COVID-19 pandemic was unfairly dismissed because her employer hadn’t considered furloughing her as an alternative to redundancy.

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