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Defamation may not be a public interest disclosure qualifying for protection

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.

Article by: Makbool Javaid 8 December 2019

Dismissal unfair even though decision maker unaware manager manipulated facts 

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.

Article by: Makbool Javaid 5 December 2019


People regularly working from home up by 27% in last decade

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,

Article by: Makbool Javaid 2 December 2019

Motivation for manipulating evidence because of hostility to union activity could be attributed to employer 

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.

Article by: Makbool Javaid 26 November 2019

legal challenges

Civil partnerships extended to two people of the opposite sex

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.

Article by: Makbool Javaid 21 November 2019


£10,000 compensation agreed in COT3 did not include payment of £7,800 SMP due

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.

Article by: Makbool Javaid 19 November 2019


Employer not liable for third party harassment as inaction not related to race

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.

Article by: Makbool Javaid 16 November 2019


Poor appraisal rating arose as a consequence of fatigue caused by kidney disease

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

Article by: Makbool Javaid 29 October 2019