A tribunal has made a 25% uplift to an employee’s award following her former employer’s failure to deal with a post-termination grievance.
An employer’s decision to withdraw the offer of an overseas posting to a severely disabled employee because of its medical concerns was not disability discrimination.
The dismissal of a nurse who gave a patient a Bible and proselytised (tried to convert people to another religion) her religious views was fair and did not breach European law.
European law obliges employers to establish a system enabling the duration of daily working to be measured.
Knowledge of an employee’s disability could have been acquired during an appeal against dismissal.
An employee was rightly compensated for loss of entitlement to benefits under a PHI policy when he was unable to ‘return to work’ following sickness absence. The ‘return to work’ was a return to the work he had been doing when he went off sick, not a return to any work.
An employer was not liable in negligence for an injury occasioned to one of its employees at the staff Christmas party; neither was it vicariously liable.
Directors of a limited company can, in certain circumstances, be personally liable for inducing a company to breach an employment contract.
The adverse treatment of a gay head teacher amounted to constructive dismissal and sexual orientation discrimination.
Although a breach of the Working Time Regulations cannot lead to an injury to feelings award, compensation can reflect personal injury suffered as a consequence of the breach.
An employer does not usually need to wait for the conclusion of criminal proceedings before starting or continuing with internal disciplinary proceedings.
The disciplining of an employee for refusal to obey a lawful instruction (due to a mistaken belief it would impact on her disability) was not unfavourable treatment due to something arising from a disability.
The dismissal of an employee on the day of a TUPE transfer because her new employer foresaw ongoing problems with a fellow employee was automatically unfair under TUPE.
Sending an important letter about redundancies to a woman on maternity leave to a work email account which she could not access could be unfavourable treatment under the Equality Act. But whether it was also maternity discrimination depends upon the reasons why that treatment occurred.
EAT clarifies how to interpret ‘long term’ for the purpose of the definition of disability.
Protection from dismissal for asserting a statutory right only applies where the employee alleged an actual breach of statute, not a threatened one.
Where a worker is entitled, under the Working Time Regulations, to ‘compensatory rest’ instead of a 20-minute uninterrupted rest break, the rest need not, in every case, consist of an uninterrupted 20 minutes, even if it would, in principle, be possible to provide such a break.
Suspension can be a breach of contract – but on each occasion it is a question of fact. A tribunal must consider whether the employer has ‘reasonable and proper cause’ to suspend, not whether it was ‘necessary’ to suspend the employee.
The dismissal of a teacher at an ultra-orthodox Jewish nursery who refused to lie about living with her boyfriend was not discrimination on the grounds of religion or belief.
For the purposes of equal pay law, two distinct parts of a workforce (here female shop floor workers and higher-paid male distribution centre workers) can compare their pay, even if they are located at different sites, in different parts of the organisation/group, and with very different pay arrangements/management structures.
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