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Trade Union Activities

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Does taking steps to prepare for, and take part in, industrial action, come within the scope of 'trade union activities'? Yes, held the EAT in  Mercer v Alternative Future Group Ltd . Mrs Mercer is a member of the UNISON trade union. There was...

Disability Discrimination

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Does a tribunal have to reach a clear conclusion about the decision-maker's reason for dismissing an employee (in discrimination and unfair dismissal claims)? Yes, held the EAT in  Cummins Ltd v Mohammed . The Claimant suffered from anxiety and...

Tribunal Procedure

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In  DPP Law Ltd v Greenberg , the Court of Appeal provided guidance on the role of the EAT when assessing an employment tribunal’s reasons. The Claimant was a solicitor who accepted £150 from a client’s father. The tribunal held that...

Employment Status

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Is a minimum degree of obligation or commitment required in order to be a worker? Not always, held the EAT in  Somerville v Nursing & Midwifery Council . The Claimant, who sat as a panel member for the regulatory body the Nursing & Midwifery...

Right to Work checks

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The government has announced, as expected, that the COVID-19 adjusted right to work check process will remain in place until 20 June 2021 (previously 16 May 2021). It enables employers to carry out right to work checks over video calls (rather than in...

New Acas report - 'Estimating the Costs of Workplace Conflict'

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Acas has today published a new report,  Estimating the Costs of Workplace Conflict , which estimates that workplace conflict costs UK employers £28.5bn every year, an average of just over £1,000 for every employee. This estimate is based on...

Unintentional Indirect Discrimination

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Are the provisions of the  Equality Act 2010  dealing with remedies for unintentional unlawful indirect discrimination compatible with EU law? Yes, held the Court of Appeal in  Wisbey v The Commissioner of the City of London Police and...

Disability Discrimination

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When determining whether an impairment is 'long term' for the purposes of assessing disability status, can a tribunal consider events after the date of the discriminatory act?  No, held the Court of Appeal in  All Answers Ltd v W and...

Privilege

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When disclosing privileged documents regarding specific issues, is a party required to show that other privileged documents are not relevant? No, held the EAT in  Watson v Hilary Meredith Solicitors Limited , dismissing the Claimant's appeal. The...

Direct Discrimination

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Is failing to pay an allowance throughout maternity leave direct discrimination? Not where the employer was mistaken as to whether the allowance comprised 'pay', held the Court of Appeal in  Commissioner of the City of London Police v Geldart ....

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