Covid policy not discriminatory

In the recent case of Zaluski v NSL, the Respondent had a policy that employees had to return on time from annual leave and include any quarantine period in their leave during the covid pandemic. Any continuing absence beyond the formal return date would be...

Labour Plans

What might the employment law world look like if, as expected, Keir Starmer walks into Number 10 at some point later this year? The Labour Party has made some striking proposals as laid out in their “New Deal For Working People” green paper. Of course, not all...

New Government Consultation

The Government has launched a consultation on plans to change the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). It also plans to end the legal framework for European Works Councils. The consultation which is set to run until 11 July 2024...

Labour: Making Unfair Dismissal A Day 1 Right

In perhaps its most ‘headline grabbing’ move, Labour has proposed in its Green Paper to provide a day one right to claim unfair dismissal. Over the years, the qualifying period for unfair dismissal has regularly changed. At various times it has been six months, a...

Discrimination Arising From A Disability

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)...

Employment (Allocation of Tips) Act 2023

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...

Whistleblowing Detriment

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...

Race Discrimination

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...

Vento Bands – Annual Update

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...