by Andrew Macmillan | May 7, 2024 | News
If a Claimant’s conduct arising from a disability is a minor contributing factor to a decision taken by the Respondent, then does that decision amount to discrimination arising from a disability under s15 Equality Act? Yes, decided the Employment Appeal Tribunal (EAT)...
by Andrew Macmillan | May 1, 2024 | News
The Government has announced that the Employment (Allocation of Tips Act) 2023 will now come into force on 1st October 2024, rather than 1st July 2024 as originally proposed. Under the Act, employers are required to pass tips on to workers; employers of businesses...
by Andrew Macmillan | Apr 25, 2024 | News
Was a tribunal, in a whistleblowing detriment claim, right to have looked at the motives of decision-makers only, and to have disregarded the issue of whether they had been manipulated by those motivated by the protected disclosure? Yes, held the Employment Appeal...
by Andrew Macmillan | Apr 16, 2024 | News
Should a tribunal have applied the reverse burden of proof in a race discrimination claim where the claimant showed facts from which a tribunal could conclude that discrimination had occurred? Yes, decided the Employment Appeal Tribunal (EAT) in the recent case of...
by Andrew Macmillan | Apr 9, 2024 | News
The 2024 annual update to the Vento guidelines (which give ranges for injury to feelings awards in discrimination cases, depending on severity) have been published. In respect of claims presented on or after 6 April 2024, the Vento bands are: a lower band of...
by Andrew Macmillan | Apr 2, 2024 | News
The changes to the rules on flexible working have been confirmed to come into force on Saturday 6 April 2024. You will need to make sure your HR Policies are updated for it. By way of a reminder, the relevant changes are: 1. Employees will be able to make two (not...
by Andrew Macmillan | Mar 20, 2024 | News
With Easter fast approaching, don’t forget that new rates of National Living Wage (NLW) and National Minimum Wage (NMW) are coming into force from 1 April 2024. They are… National Living Wage (21 and over): £11.44 per hour 18-20 rate: £8.60 per hour 16-17...
by Andrew Macmillan | Mar 19, 2024 | News
Did an employer make reasonable adjustments when it dismissed a disabled employee rather than placing him in an alternative role on a trial basis? No, held the Employment Appeal Tribunal (EAT) in the recent case of Miller v Rentokil. The Claimant worked as a...
by Andrew Macmillan | Mar 14, 2024 | News
Was a tribunal entitled to conclude that there were two ‘principal’ reasons for dismissal in a claim for automatic unfair dismissal on health and safety grounds under section 100(1)(e) Employment Rights Act 1996? No, decided the Employment Appeal Tribunal (EAT)...
by Andrew Macmillan | Mar 11, 2024 | News
Was an employment tribunal entitled to decide that a decision to dismiss an employee for posting a racist ‘joke’ on his employer’s intranet fell outside the band of reasonable responses? No, decided the Employment Appeal Tribunal (EAT) in the recent case of Vaultex v...
