Redundancy and fairness

In a recent case called Hendy Group v Kennedy, Mr Kennedy was a training manager for car sales. Before holding this position, he had over 10 years’ experience as a car salesperson. The training role was placed at risk of redundancy. It was accepted that the redundancy...

Fraud

Here’s one you may have missed! The Government has confirmed the new corporate criminal offence of failure to prevent fraud, set out in the Economic Crime and Corporate Transparency Act 2023 (ECCTA), will come into force on 1 September 2025. The Government...

Victimisation

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

Part-Time Worker Discrimination

In the recent case of Augustine v Date Cars Limited, the Claimant was a part-time taxi driver. He was required to pay a flat weekly circuit fee of £148 to the Respondent. The same fee was payable by all drivers, regardless of the number of hours they worked. The...

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...