Employment Law Vault

Should a tribunal have applied the reverse burden of proof in a race discrimination claim where the claimant showed facts from which a tribunal could conclude that discrimination had occurred? Yes, held the Employment Appeal Tribunal in  Atif v Dolce...

Was a tribunal correct to strike out a remedy claim because the Claimant had destroyed evidence or lied about doing so? Yes, held the Employment Appeal Tribunal in  Kaur v Sun Mark and others .   The Claimant had succeeded (in part) in claims...

I have been asked to issue this notice by HMCTS. All Employment Tribunal online services (affecting submission of ET1s, ET3s and digital applications) will be subject to a planned upgrade between  20:30 on Thursday 18 th  April...

Could an employee be unfairly dismissed and subject to a detriment as a result of whistleblowing where the decision-maker knew of the fact of the employee’s disclosure but not its substance? No, held the Employment Appeal Tribunal, in  Nicol v...

The  2024 annual update to the Vento guidelines  (which give ranges for injury to feelings awards in discrimination cases, depending on severity) have been published. In respect of claims presented on or after 6 April 2024, the Vento bands are: ...

Where unconnected acts of discrimination are linked by their factual setting, should they be treated as ‘conduct extending over a period’ to bring them all within the ordinary time limit for discrimination claims? No, held the Employment Appeal...

Was an employee who resigned after refusing to attend at her workplace during the COVID-19 pandemic unfairly dismissed on health and safety grounds? Yes, held the Employment Appeal Tribunal in  Herve v Goldstein .  The Claimant worked from an...

Did an employer make reasonable adjustments when it dismissed a disabled employee rather than placing him in an alternative role on a trial basis? No, held the Employment Appeal Tribunal in  Miller v Rentokil . The Claimant worked as a field-based...

Could a claimant claim unfair dismissal on the basis that he had ‘sought to take’ parental leave when he had not made a formal application for leave at the point he was dismissed? Yes, held the EAT in  Wright v Hilton Food Solutions ....

Was a tribunal entitled to conclude that there were two ‘principal' reasons for dismissal in a claim for automatic unfair dismissal on health and safety grounds under section 100(1)(e)  Employment Rights Act 1996 ? No, held the EAT in  ...