by Andrew Macmillan | Oct 20, 2023 | News
Was an employment tribunal correct, in a direct race discrimination claim, to treat a colleague who made a comment about her own race as an actual comparator of a Claimant who had made a comment about a colleague’s race? No, held the Employment Appeal Tribunal (EAT)...
by Andrew Macmillan | Oct 11, 2023 | News
A former Lidl employee has been awarded more than £50,000 after an employment tribunal found the store she worked at allowed a culture that tolerated inappropriate comments. Miss Hunter, who was a teenager when she worked at the supermarket chain’s store in...
by Andrew Macmillan | Oct 4, 2023 | News
Can employees claim for historic underpayments of holiday pay even if there are gaps of more than three months between deductions? Yes, held the Supreme Court in its long-awaited Judgment in Chief Constable of Police Service of Northern Ireland v Agnew. The Claimants...
by Andrew Macmillan | Oct 2, 2023 | News
Was an employment tribunal entitled to conclude that an intervening act by a third party in a whistleblowing detriment claim broke the chain of causation between the detriment to the Claimant and the losses suffered as a consequence? Not on the facts of this case,...
by Andrew Macmillan | Sep 26, 2023 | News
The Workers (Predictable Terms and Conditions) Act 2023 has received Royal Assent and is expected to come into force in September 2024. It introduces a new statutory right for workers to request a more predictable working pattern. Key points to note include: The...
by Andrew Macmillan | Sep 20, 2023 | News
Can the termination of employment on ill-health grounds be regarded as termination by mutual consent, rather than dismissal? Potentially yes, held the Employment Appeal Tribunal (EAT) in the case of Riley v Direct Line Insurance Group. The Claimant had Autism Spectrum...
by Andrew Macmillan | Sep 14, 2023 | News
The House of Lords has amended the Worker Protection (Amendment of Equality Act 2010) Bill to remove the proposed third party harassment provisions. Following a debate in July 2023, the Bill has been republished with the original clause 1 (which dealt with third party...
by Andrew Macmillan | Sep 8, 2023 | News
Does the benefit of a non-contractual share incentive plan transfer under the Transfer of Undertakings Regulations (TUPE)? Yes it does, held Scotland’s Inner House of the Court of Session in the recent case of Ponticelli Limited v Gallagher. The case was about...
by Andrew Macmillan | Sep 4, 2023 | News
What can a business do if an employee has travelled abroad on holiday but flights from their destination have been stopped or delayed due to adverse weather conditions or problems with air traffic control systems? Employees who know they are going to miss their first...
by Andrew Macmillan | Aug 24, 2023 | News
Does an employer need to know the specifics of a disabled person’s substantial disadvantage before being required to make reasonable adjustments? No, held the Employment Appeal Tribunal (EAT) decided in the recent case of AECOM Limited v Mallon, dismissing the...
