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Pensions: Age Discrimination

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Does a pension scheme automatically include a 'non-discrimination rule' or must an amendment be made by trustees/managers before any rule takes effect? The inclusion of the non-discrimination rule is automatic, held the EAT in  Sargeant v...

Compensation Uplift Order

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Does a tribunal need to consider making a compensation uplift order where the Respondent is not on notice of such a claim? No, held the EAT in  Levy v 34 & Co Ltd . Mr Levy brought a claim for unlawful deductions in the sum of £148.62,...

Public Sector Exit Payment Cap Revoked

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The government has announced that it will be  revoking  the  Public Sector Exit Payments Regulations 2020 , which place a £95,000 cap on public sector exit payments. The Regulations came into force - in the face of  considerable...

Notice of Appeal

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Can a judgment and reconsideration decision be legitimately set out within the same Notice of Appeal? Yes, provided they are distinguished within the Notice and have a connection justifying their inclusion together, held the EAT in  Dafiaghor-Olomu v...

Unfair Dismissal: Covert Recording

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Was a tribunal entitled to reject an employer's conclusion that an employee had committed gross misconduct by installing a covert camera in his office while he was suspended from duty? Yes, on the facts of the case, held the EAT in  Northbay...

Harassment

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Can an employer rely on the 'reasonable steps' defence to harassment where it provided training to the perpetrator of harassment and other employees? Not where that training had become "stale" and needed refreshing, held the EAT in ...

Protected Act

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Is a reference to actions which 'may be discriminatory' in a grievance sufficient to amount to a protected act under s27  Equality Act 2010 ? Not necessarily, held the EAT in  Chalmers v Airpoint . The Claimant brought claims, including a...

Furlough Claims - December 2020

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HMRC has published the  list of all employers who made furlough claims  during December 2020. Although HMRC has not explained its reason for doing this, it is doubtless in part to shame larger employers and discourage them from claiming, and in...

Disability Discrimination

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Can it be direct discrimination to discriminate against one group of disabled workers compared with another group of disabled workers? Yes, held the CJEU, in  VL (C-16/19) , the judgment coming after the  Advocate-General's opinion of June...

Damages: 'lost years'

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Can a case be reopened once a determination has been made? Yes, held the Court of Appeal in  Head v Culver Heating Co Ltd , where it is necessary to do so to avoid real injustice. The case concerned Mr Head (deceased), the founder/owner/manager of...

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