In Ibrahim v HCA International Ltd, an ET struck out I’s claim of detriment because of whistleblowing after he had disclosed that he had been the subject of false rumours and been treated badly by a colleague. The ET decided the disclosures were not made in the public interest but made with a view to I clearing his name. But the Court of Appeal found the ET had erred in its approach.
8 December 2019
The Court of Appeal held that there could be certain situations where, if a manager had manipulated the facts, and the dismissing officer was unaware, that motivation could be attributed to the employer, thereby making the reason for dismissal whistleblowing and automatically unfair. However, in the specific circumstances of this case the ET was only obliged to consider the mental processes of the employer’s authorised decision-maker.
5 December 2019
TUC analysis shows 374,000 more employees are working from home than 10 years ago, a 27.7% increase in the number of homeworkers in the last decade. 1.7 million people now regularly work from home, of which almost twice as many men as women are homeworkers,
2 December 2019
In Cadent Gas Limited v Singh. S missed the response time to get to a gas leak by a minute because he stopped for some food. H was involved in the investigation, with whom S had had difficulties in the past relating to his union activities, H referred S’s trade union status in an email which he wanted to keep "on the radar" and gave incorrect information to HR and to the dismissing officer.
26 November 2019
The Civil Partnership (Opposite-sex Couples) Regulations 2019 will come into force on 2 December 2019 s to allow two people who are not of the same sex to form a civil partnership in England and Wales. The Regulations provide in the main for an opposite-sex couple who form a civil partnership to be treated in law in the same way as a same-sex couple who are in a civil partnership.
21 November 2019
The First Tier Tax Tribunal’s decision in NVCS Ltd v (1) Commissioners for HMRC (2) Dare serves as an important reminder for employers and their advisers to carefully check the terms of a settlement agreement. D’s entitlement to SMP was £7825. D signed a COT3 settlement agreement, under the auspices of ACAS, providing for £10,000 compensation.
19 November 2019
In Bessong v Pennine Care NHS Foundation Trust, B, a mental health nurse was seriously assaulted by a patient accompanied by racist abuse, i.e. “You f*****g black I’m going to stab you now”. An ET upheld B’s indirect discrimination claim because the incident reporting system had fallen into disrepute and the Trust should have taken steps to reinforce the message that all incidents should be reported. The ET, however, rejected B’s harassment claim because the employer’s failings (their conduct) were not themselves related to race.
16 November 2019
Any advice as to the merits of S’s claim and the likely award of compensation would require reading and consideration on a quite different scale and the offer of £500 was wholly unrealistic where it was for a solicitor “to advise on the merits of a settlement”.
12 November 2019
An ET held that her belief did not amount to a protected belief under S.10 of the Equality Act 2010 but in any event her dismissal was due to her failure to sign the Copyright Agreement and not because of her philosophical belief. The Court of Appeal agreed
6 November 2019
In Cunningham v Financial Conduct Authority an ET upheld C’s claim of discrimination because of something arising in consequence of his disability under S.15 of the Equality Act 2010. C is a qualified barrister, employed as an associate lawyer and suffers from chronic kidney disease
29 October 2019