When the Code of Practice on Dismissal and Re-engagement came into force in July this year, a notable omission from the list of claims to which uplifts could be applied for non-compliance was protective awards.
Continue ReadingIn discrimination cases, employees can claim compensation for the emotional distress caused by their employer’s actions. This is called an injury to feelings award, which is separate from any financial loss.
Continue ReadingRachel Reeves, our current Chancellor, came in for some criticism recently when it was claimed that she had tweaked the details of a previous role at HBOS on her LinkedIn profile (referring to her job as one of ‘economist’ when, allegedly, the role had been a ‘retail banking’ one).
Continue ReadingIf an employee carries out work, then they are generally entitled to receive wages from their employer in return. The amount of wages payable will generally be set out in the employment contract. Making deductions from the amount otherwise due can be tricky. But deductions can be lawful when made for the right reason and managed correctly.
Continue ReadingIn De Marchi v London United, the Employment Appeal Tribunal shone a light on the complicated and fiddly provisions contained in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) relating to relevant transfers and termination of employment. Here is our step-by-step guide to the rules as they are currently understood:
Continue Reading‘Harassment’ doesn’t exist as a free-standing employment claim in the UK. To successfully claim harassment in an employment tribunal, an employee needs to be able to show that the harassment was ‘related to’ a protected characteristic. That is not to say that the employee is required to show that the harassment was ‘because of’ the protected characteristic. The causal bar is not set that high. But some linking factor is required. The relevant protected characteristics for harassment are: sex, sexual orientation, race, religion or belief, disability, age and gender reassignment.
Continue ReadingAI applications such as ChatGPT have, over the last 12 months or so, become an important tool in improving business efficiency. However, a recent tribunal judgment indicates that it is not just employers who are taking advantage of AI. It was recently credited with encouraging a serial litigant in a disability discrimination claim against a prospective employer.
Continue ReadingEmployees with over two years’ service have the right not to be unfairly dismissed. This means that if an employer wants to end an employee’s employment fairly once they have two years’ service, then they need to be able to point to a ‘fair reason’ and show that they acted reasonably in relying on that reason to dismiss.
Continue ReadingOn Thursday 10th October 2024, the Government published details of the Employment Rights Bill.
Key features of the Bill are:
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Adrian Fryer
A warehouse worker has lost his discrimination claim after complaining about his boss having the name ‘Willy’. In Aylmer v Dnata Catering, the Claimant objected to his boss, William McGinty, referring to himself as ‘Willy’. The Claimant asked his boss to avoid using the name because of its other common use as a slang term for penis. He said in an email to his boss: “If you don’t remove it and keep insisting on being called that – I consider it as sexual harassment.” When his complaints were not followed up, he claimed that he had been victimised on the basis that his initial complaints related to sexual harassment.
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