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Reasonable Adjustments

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Is it a reasonable adjustment to protect pay permanently when disability means that a teacher can no longer teach? No, held the EAT in  Aleem v E-Act Academy . Following the long-established principle in  O'Hanlon  it will...

Disability Discrimination

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Can there be a substantial disadvantage to a disabled employee where an absence management policy contains a discretion? Yes, held the EAT in  Martin v Swansea . The tribunal had erred in law in concluding that the PCP (provision, criterion, practice)...

Labour announces policy to create a single status of 'worker' with rights from day one

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Labour has this evening announced plans to create a single status of ‘worker’ to include employees and ‘limb b’ workers. The genuinely self-employed would retain their self-employed status. The proposal would remove qualifying...

Burden of Proof

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Was the obligation on a Claimant alleging discrimination to prove facts from which a tribunal could find discrimination changed by the  Equality Act 2010 ? No, held the Supreme Court in  Royal Mail Group v Efobi , considering s136(2) of the ...

Consultation on Sexual Harassment in the Workplace: Government Response

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The government has published its  consultation response  on sexual harassment in the workplace.  The consultation was undertaken in response to recent public disclosures by a number of (mainly) women of their experiences of workplace sexual...

Masks in Employment Tribunals

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The President of Employment Tribunals in England and Wales, Judge Barry Clarke, has asked for the following message to be circulated: "HMCTS has previously stated that people are required to wear face coverings in public areas of courts and tribunal...

Unfair Dismissal

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Was it unfair to dismiss a teacher who had been suspected (but not charged) of possessing indecent images of children? No, held the Court of Session (Inner House) in  L v K . The case concerned a teacher who had been arrested after indecent images of...

Religious Discrimination

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Is it direct discrimination contrary to EU law, for an employer to have a policy prohibiting employees from wearing anything manifesting a religious, philosophical or political belief in the workplace, if that policy requires 'neutral' dress from all...

Tribunal Procedure

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Can a tribunal give a written judgment (without reasons), and give written reasons on a later occasion? Technically yes, held the EAT in  Shaw v Intellectual Property Office , but to do so could be dangerous and is not encouraged. The tribunal...

E-Filing at the EAT

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A new electronic filing system comes into operation today at the Employment Appeal Tribunal. It enables parties to lodge their appeals with the EAT, upload documents and access all their appeals. It provides an additional method of lodging documents; it is...

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