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Redundancy: Trial Period

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Was a deletion of a post a redundancy dismissal, triggering a statutory trial period? Not on the facts of this case, held the EAT in  East London NHS Foundation Trust v O'Connor . Mr O'Connor was employed by East London NHS Foundation Trust as...

Third-party Harassment

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Should section 26(1) of the  Equality Act 2010  be interpreted so as to impose liability on an employer for third-party harassment against employees? No, held the EAT in  Bessong v Pennine Care . The Claimant was assaulted on racial grounds...

Legal Advice Privilege

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Was legal advice privileged where a conversation as to the advice was overheard in the Old Bank of England public house and the advice was about making an employee redundant who was complaining of discrimination? Yes, on a proper interpretation of the...

Employment Tribunal Procedure: Costs

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In dealing with an application for costs, can a tribunal take account of the positive legal advice received by an unsuccessful Claimant? Yes, held the EAT in  Brooks v Nottingham University Hospitals NHS Trust . Whilst reliance upon advice is a factor...

Discrimination: Is a Belief in the Sanctity of Copyright a Protected 'Belief'?

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Did the dismissal of an employee for asserting her moral right to own the copyright to her own creative works amount to discrimination on the grounds of belief? No, held the Court of Appeal in  Gray v Mulberry Company (Design) Limited . The Claimant...

New Guidance on Menopause

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Today is World Menopause Day and in line with that, workplace expert Acas has published new guidance to help employers and managers support staff who are affected by menopause symptoms at work. As well as guidance for employers, there are also tips for...

Time Limits: Unlawful Deduction from Wages

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Does section 23  Employment Rights Act 1996  proscribe a ‘period of limitation’ for the purposes of section 39  Limitation Act 1980  meaning that there was no backstop on recovering compensation for unauthorised deductions...

Whistleblowing: Judges are workers

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Are judges workers for the purposes of whistleblower protection? Yes, held the Supreme Court in  Gilham v Ministry of Justice . District Judge Gilham raised concerns, amounting to protected disclosures, about a number of cuts made to local services in...

Race Discrimination: Burden of Proof

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If a manager, lies in good faith, about the reason for dismissal, is that enough to shift the burden of proof in a discrimination case? Yes, held the Court of Appeal in Base Childrenswear v Otshudi . Ms Otshudi worked for Base Childrenswear as a...

Pensions - Eliminating Sex Discrimination

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Can a pension scheme retroactively change pension entitlement to prevent discrimination between women and men? No, held the CJEU in  Safeway Ltd v Newton . The Safeway pension scheme initially had different ages at which men and women were entitled to...

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