Does the Equality Act 2010 protect people in the UK who apply to work on foreign ships operating outside of UK waters? No, held the EAT in Walker v Wallem Ships Management , dismissing (with regret) the Claimant's appeal against...
Employment Law Vault
When considering striking out a tribunal claim for breach of an 'Unless' Order, should a tribunal specifically consider the seriousness of a party's default, as well as any reason for the default? Yes, held the EAT in Duncan Lewis...
One of the questions I hear most frequently from employers is: 'Do we need to hold a separate investigation hearing?' The answer is no, no, and thrice no. Unless you do. The Acas Code, at paragraph 5, states: "It is important to carry out...
Is a belief that there are two biological sexes in humans, and that it is not possible for a human being to change sex, a ‘philosophical belief’ within the meaning of section 10 of the Equality Act 2010 ? No, held Employment Judge Tayler...
Does a substitution clause in a person's service contract automatically mean they are denied 'worker' status? Not on the facts, held the EAT in Stuart Delivery Ltd v Augustine . Mr Augustine was a delivery courier, undertaking fixed...
Does the EAT have the power to re-open orders made by an employment tribunal, other than by the means stipulated in the applicable rules and case law? No, held the EAT in MacLeod v The University Court of the University of Glasgow . The Claimant had...
The Fourth Edition of the Principles for Compensating Pension Loss was issued in August 2017, and the First Revision in November 2019. A significant feature of the First Revision was the inclusion in Appendix 2 of extracts from the Ogden Tables at the new...
Was it direct sex discrimination for the City of London Police not to pay a police officer on maternity leave her 'London Allowance'? Yes, held the EAT in City of London Police v Geldart , dismissing the force's appeal. The Claimant was...
Does TUPE apply to limb 'b' workers, as well as traditional employees? Yes, according to the decision of an employment tribunal sitting in London in Dewhurst v Revisecatch & City Sprint . We never normally send out employment tribunal...
The Labour party has published its manifesto for the 12 December 2019 general election. It's policies on employment law and industrial relations appear from page 59. Key manifesto pledges are:- - living wage of £10 per hour for all...
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