Employment Law Vault

In a whistleblowing detriment case, does a tribunal need to make specific findings as to whether the Claimant subjectively believed the disclosure was in the public interest, and whether or not that belief was reasonable? Yes, held the Court of Appeal...

Is a member state of the EU obliged to permit carry over of annual leave from one leave year to another due to sickness absence? Not any in excess of the 4 weeks provided for in the  Working Time Directive , held the CJEU in  TSN v Hyvinvointialan...

Can an alleged act of discrimination be part of "conduct extending over a period" within the meaning of s123 of the  Equality Act 2010  where the alleged act is found not to be discriminatory? No, held the EAT in  South Western...

Was a dismissal for trade union activities automatically unfair because of the involvement of a senior manager, when both managers who heard the disciplinary and appeal hearings were 'innocent' of this? Yes, held the EAT in  Cadent Gas Limited...

When considering, under s123 of the  Equality Act 2010 , whether discriminatory acts extend over a period of time (to determine if it is just and equitable to extend time to hear a complaint), should a tribunal hear evidence? Yes, held the EAT...

Can a dismissal amount to a detriment for the purposes of s13 and s15  Equality Act 2010  even if the Claimant is later reinstated? Yes, held to the EAT in  Jakkhu v Network Rail . The Claimant was potentially at risk of redundancy, and...

Where an employee has a right to work in the UK as a spouse of an European Economic Area national resident in the UK, can an employer reasonably require them to produce evidence of their right to work in the form of positive ECS (Employer Checking Services)...

The  first revision of the fourth edition of the Principles for Calculating Pension Loss  has just been released. The addendum summarises the key changes as follows: - The change to the statutory discount rate in the summer of 2019 (from minus...

Does the 'likely to succeed' test for interim relief only apply to the reason for the dismissal? No, it applies to all the elements of a claim that the Claimant has to prove, held the EAT in  Hancock v Ter-Berg . Mr Ter-Berg brought...

Is an offer of £500+VAT costs enough for an employee to take full advice on settling their claim? Not if the advisor is expected to advise on merits and quantum, as well as the terms and effect of the proposed settlement, stated the EAT in ...