Archives: Employment

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EAT – indirect sex discrimination

April 2025 | Employment

The EAT has heard an appeal where it had to consider questions about the approach the ET should take to issues of group disadvantage and justification in a complaint of indirect sex discrimination, and to the determination of the reason for dismissal in a claim of unfair dismissal when the claimant had earlier accepted that …

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EAT – unfair dismissal

April 2025 | Employment

The EAT has heard an interesting case regarding unfair dismissal and maternity rights. The case summary is as follows: ‘Unfair dismissal – automatic unfair dismissal – section 99 Employment Rights Act 1996 – maternity rights – regulations 10 and 20(1)(b) Maternity and Parental Leave etc Regulations 1999 Practice and procedure – schedule 1 of the …

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ET remedies – increase

April 2025 | Employment

Employment lawyers should note that from 6 April 2025, the Employment Rights (Increase of Limits) Order 2025 comes into effect. This Order increases the limits applying to certain awards which ETs can make, and other sums payable under employment legislation, as specified in the Schedule to the Order. Practitioners must read all of it but …

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EAT – harassment and victimisation

April 2025 | Employment

The EAT has heard an important case relating to racist abuse being made against a professional footballer. The case summary is as follows: ‘The appellant, a professional footballer, played for the first respondent between 2021 and 2022. After a match on 11 September 2021, the appellant learned of an allegation that one of the first …

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EAT – disability discrimination

April 2025 | Employment

The EAT has heard an appeal regarding that fertile ground for employment claims: disability discrimination and the Equality Act 2010. The case summary is as follows: ‘Practice and procedure – rule 37(1) schedule 1 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 – striking out an application for costs The ET had …

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Protected beliefs – social media

March 2025 | Employment

The CA has handed down an important judgment in which it held that an employee who expressed her protected beliefs on social media posts had been unlawfully dismissed. The case summary is as follows: ‘1. The Claimant in this case, Mrs Higgs, was dismissed from the school where she worked because she had posted messages …

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Unfair dismissal – re-engagement

March 2025 | Employment

The EAT has heard an interesting case involving an appeal against an order for re-engagement following a finding of unfair dismissal. The case summary is as follows: ‘SUMMARY Unfair dismissal – re-engagement – section 116 Employment Rights Act 1996 Having upheld the claimant’s complaint of unfair dismissal, the employment tribunal (“ET”) subsequently ordered that he …

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Industrial action – blacklisting

March 2025 | Employment

The CA has heard an appeal from the EAT regarding the proper interpretation of the Employment Relations Act 1999 (Blacklists) Regulations 2010, generally known as the Blacklisting Regulations. The claimants were pilots employed by Ryanair and are members of the British Air Line Pilots’ Association (‘BALPA’). BALPA is the professional association and registered trade union …

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Neurodiversity – ACAS

March 2025 | Employment

ACAS has published new guidance for employers on understanding neurodiversity. The guidance outlines terminology and different types of neurodiversity and points out that: ‘being neurodivergent will often amount to a disability under the Equality Act 2010. This law gives rights and protections to disabled employees. For example: the right not to be discriminated against because …

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