Posted on
02-08-10
Introduction
In this month’s Review we look at a claim for substantial compensation arising from an employer’s failure to follow a contractual disciplinary procedure and a case dealing with the issue of whether an employee can complain of disability discrimination based on having a “perceived” disability.
We consider a sex discrimination claim brought by a man due to a woman being given inflated scores in a redundancy selection process where she was absent on maternity leave.
We also provide an update on the new Government’s intentions for employment law and report on the recently published Tribunal Annual Statistics for 2009/2010.
David Potter
0845 274 6819
david.potter@freethcartwright.co.uk
Posted on
01-03-10
In this month’s review we look at recent cases relating to the right to legal representation
at disciplinary hearings and the preconditions that must be met in order for an employer
to fall under a duty to conduct a risk assessment for a pregnant worker. We also consider
two recent decisions concerning an employer’s right to refuse annual leave requests and
a surprising and controversial case in which an agency worker was found to have no
protection against discrimination.
Fiona Powell
0845 274 6812
fiona.powell@freethcartwright.co.uk
Posted on
04-01-10
In this month’s review we look at recent cases relating to the level of compensation in discrimination cases and the obligation to inform and consult under TUPE. We also consider two recent decisions concerning Tribunal hearings involving a biased employment judge and an employer forging documents.
Matt McBride
Posted on
27-11-09
In this month’s review we look at current and future changes to the law relating to agency workers. We also review the decision that was widely reported in the media regarding whether belief in climate change could constitute a belief within the meaning of the Religion or Belief Regulations. We also comment on the decision of the EAT on associative discrimination in the context of the Disability Discrimination Act 1995 in the Coleman case as well as other recently reported decisions.
Hanif Lula
Posted on
05-10-09
We consider the very recent decision of the High Court in the Heyday case, being the challenge to the legitimacy of the default retirement age of 65.
We look at the decision of the Rolls-Royce case in the Court of Appeal on the lawfulness of using length of service in a redundancy selection matrix and also an important decision on the application of Regulation 4(9) of TUPE 2006 which allows employees to claim that they have been dismissed where they resign in the face of a substantial change to their working conditions to their material detriment on a TUPE transfer.
Finally, we refer to a couple of recent decisions on an employee’s entitlement to legal representation at internal disciplinary hearings.
David Potter
Posted on
03-08-09
In this month’s review we consider the final outcome of a long running case regarding sick leave and holiday pay. This case has implications for all employers when dealing with long terms sick leave. Practical advice is given below.
We also consider a decision affecting the risk assessment of equal pay claims, a case which has implications for employers regarding who is classed as disabled under the DDA, a notable cases relating to unfair dismissal, and a case which reinforces the obligation on employers to properly address any complaint based on discrimination and harassment..
In addition, we provide details of the government’s decision to bring forward a review of the default retirement age and a consultation on the public sector duties in the proposed Equality Bill..
Michael Wright
Posted on
02-03-09
In this month’s review we look at the controversial decision in Stringer -v- HMRC which will reshape the law on holiday for employees on sickness absence; review the upcoming amendments to the Employment Tribunal’s Rules of Procedure; we examine the principle of ‘double recovery’ in the context of a constructive dismissal claim; a clarification of the requirements an employer must fulfil to rely on the statutory defence to a claim for failure to make reasonable adjustments in a disability case and a reminder to check your spelling!
Posted on
02-02-09
Case Law Update
In this month’s Review we give details of two recent decisions which have reinforced the protection of rights if individuals can show they have been subject to harassment or discrimination on the grounds of sexual orientation; a link to a consultation on revisions to the 2003 Code of Practice; time off for trade union duties and activities; a case involving a resignation in the heat of the moment; when length of service pay criteria must be justified for equal pay; MEPs vote against working time opt-out and the new figures for calculating redundancy payments and compensation for unfair dismissal.
