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dismissal

ET expands whistleblowing protection to anticipated protected disclosures

The ET accepted B’s argument that to give effect to his right to freedom of expression under Article 10 ECHR, s.47B and s.103A ERA 1996 have to be read so as to include the situation where an employer subjects a worker to a detriment or dismisses

Article by: Makbool Javaid 25 August 2019

legal challenges

Fundamental shift needed for enforcing the Equality Act

The Women and Equalities Committee has published a report on Enforcing the Equality Act which states that the individual approach to enforcement of equality law is no longer fit for purpose. The report argues against relying on individuals having to present claims and recommends a new approach

Article by: Makbool Javaid 16 August 2019

annual

Holiday pay calculation cannot be pro-rated for a term-time worker

Can an employer pro-rata holiday pay for a part-year teacher who is employed on a term-by-term basis? “No” confirmed the Court of Appeal in Brazel v The Harpur Trust. The Working Time Regulations 1998 (WTR) provide workers with the right to 5.6 weeks' paid annual leave under Regs 13 and 13A.

Article by: Makbool Javaid 12 August 2019

legal challenges

Research shows a Deny, Delay, Defend approach to whistleblowing

An All Party Parliamentary Group looking at the costs of whistleblowing has found that of 336 whistleblowers surveyed, 77.8% declared that the organisation retaliated against them, 14.2% indicated that organisation was not supportive and just 5.2% said the organisation was generally supportive.

Article by: Makbool Javaid 10 August 2019