The EAT has allowed an appeal which enabled a claimant to amend her claim to add a claim of vicarious liability. The case summary is as follows: ‘Practice and procedure The claimant asserted in her ET1 that she had been dismissed having by reason of her having made protected disclosures. An ET refused an amendment …
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The EAT has allowed an appeal relating to Equality Act 2010 complaints. The case summary states: ‘Disability Discrimination The claimant was employed in a delivery role at the respondent’s Hendon Delivery Office in London. Owing to disability he became unable to perform outdoor duties and was given supernumerary indoor duties. In February 2018 he was …
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The government has set out its proposals for sweeping employment rights changes. The bill was introduced to the House of Commons on 10 October 2024. Consultation is proposed in 2025. Most reforms will take effect no earlier than 2026. Some of the headline proposals include: banning zero hours contracts; banning fire and rehire; introducing basic …
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The SC has prevented an employer from using fire and rehire tactics to remove employee benefits which had been described as ‘permanent’. The case summary is as follows: ‘Background to the Appeal This appeal concerns whether Tesco Stores Ltd (“Tesco”) can terminate the employment contracts of its employees, for the specific purpose of depriving them …
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The Worker Protection Act (Amendment of Equality Act 2010) Act 2023 will come into force on 26 October 2024 and changes the duty on employers from redress to prevention. All employers will be required to take ‘reasonable steps’ to prevent sexual harassment. Tribunals will have the power to increase compensation by up to 25% if …
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Employment practitioners should note that the President of the Employment Appeal Tribunal (EAT) has published a practice direction explaining the tribunal’s procedures and procedural requirements. Made with the approval of the Senior President of Tribunals and the Lord Chancellor under s29A of the Employment Tribunals Act 1996, it applies to all appeals commenced on or …
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The EAT has allowed an interesting appeal which considered the behaviour of the claimant’s representative. The claimant was dismissed from a project management job in 2020 after less than a year in the role and brought claims including racial and sexual harassment and whistle blowing. The ET described the behaviour of the claimant’s representative as, …
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The EAT has heard an interesting case regarding the interplay between a compromise agreement and a disability discrimination claim. The case summary states: ‘Summary Disability discrimination The Employment Tribunal (“ET”) struck out the claimant’s claims for disability discrimination (direct, indirect and disability related discrimination) on the basis that they were precluded by a compromise agreement …
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The issue of disability discrimination features heavily in employment cases, so it is useful to see how it is handled. In a recent case, the EAT had to consider the timing of a person’s disability. The case summary is as follows: ‘Summary Disability discrimination The Claimant brought two claims in the employment tribunal in which …
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