Victimisation

In a recent case called Kokomane v Boots Management Services, the Employment Appeal Tribunal (EAT) decided that, when considering whether a ‘protected act’ has occurred in a victimisation claim, tribunals should always consider the wider context. The Claimant brought...

Unlawful Deductions

In the recent case of Brake Bros v Hudek, the Claimant lorry driver was contracted to work five shifts per week for which he was paid a salary. Each shift was 9 hours long (later increased to 9.4 hours) but the Claimant’s contract stated that he would be required to...

New ECHR Guidance following Supreme Court decision

Following the Supreme Court’s recent high profile decision in For Women Scotland v The Scottish Ministers, the Equality and Human Rights Commission has issued a short interim update highlighting the main consequences of the judgment. It reminds employers that in...

Gender Recognition

In the recent case of For Women Scotland v The Scottish Ministers, the Supreme Court considered whether a trans woman with a gender recognition certificate (GRC) qualified as a ‘woman’ under the Equality Act 2010 (EA 2010). In its judgement, the Court concluded that...

Fire and Rehire!

We expect that an employer’s ability to “Fire and Rehire” will soon be dead. Clause 26 of the Employment Rights Bill introduces a new section to the Employment Rights Act 1996 which makes it automatically unfair to dismiss an employee for refusing a...

Whistleblower Protection

In a recent case called Sullivan v Isle of Wight Council the Claimant had applied unsuccessfully for a job with the Respondent. She had raised matters which could have amounted to protected disclosures under whistleblowing legislation. She sought to claim she had...