Manifestation of religion or belief: EAT remits Facebook posts case and sets out principles underpinning proportionality assessment (Higgs v Farmor’s School)

In dismissing a direct religion or belief discrimination claim brought by a Christian employee following complaints relating to her social media posts which criticised the nature of sex education in schools (including gender fluidity and same sex marriage) the employment tribunal had erred in that it failed to: (1) conclude that there was a close… >>

Employment tribunal quarterly statistics for the period January to March 2023

In the period from 1 January to 31 March 2023 (Q4 2022–23), a total of 22,823 claims were received by employment tribunals, 36% of which were single claims (8,145), and the remaining 64% (14,678) were multiple claims, 20,077 claims were disposed of (of which 9,046 were single claims), and 476,831 claims were outstanding (including 37,136… >>

Waiver of future claims in a settlement agreement was effective resulting in the strike out of disability discrimination claims

In Clifford v IBM UK Ltd 3302436/2022 an employment tribunal judge has ruled that a waiver of future claims contained in a settlement agreement was effective, meaning that the claimant’s claims were struck out. Pro Employment LawFormed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law… >>

Government consults on reforms to working time rules, holiday pay and TUPE

On 12 May 2023, the government published a consultation paper, setting out its plans regarding the future of retained EU employment law. The consultation paper confirms the government’s intention to keep retained EU employment laws in the following areas without any change: family leave rights (maternity, paternity, adoption and parental leave), ‘atypical’ workers’ rights (part-time… >>

EHRC publishes statement on their advice on the definition of ‘sex’ in the Equality Act

The Equality and Human Rights Commission (EHRC) has published a statement rejecting the claim that their work promotes the exclusion of trans individuals, following commentary on their advice regarding the definition of ‘sex’ in the Equality Act 2010 (EqA 2010). In April 2023 the EHRC advised the Minister for Women and Equalities, Kemi Badenoch, that… >>

Safety representative/committee does not have to be physically based at workplace for detriment and dismissal claims (Miles v DVSA)

Employees, who are not themselves a representative of workers on matters of health and safety at work or a member of a safety committee, have the right under sections 44(1)(c) and 100(1)(c) of the Employment Rights Act 1996 (ERA 1996) not to be subjected to any detriment or dismissed by the employer on the ground… >>

Coronavirus Job Retention Scheme did not create statutory rights for employees (Mones v Lisa Franklin Ltd)

The government’s Coronavirus Job Retention Scheme, introduced during the coronavirus (COVID-19) pandemic, created rights and obligations between HMRC and employers and did not create any statutory rights for employees, according to the Employment Appeal Tribunal (EAT). What are the practical implications of this judgment? This judgment is of interest as one of the first appellate… >>

A union official was not also an employee of the union for unfair dismissal purposes (Fire Brigades Union v Embery)

There is a broad principle that a person cannot simultaneously have two employers, subject to an exception for the case of a person having two ‘compatible’ employments (although the reasoning behind that exception was doubted because it came from the different policy context of a vicarious liability case rather than one dealing with employment rights)…. >>