Category: Uncategorised

Where an employer has a paid special leave policy that offers favourable treatment, the preconditions for obtaining that benefit cannot be artificially separated from the benefit itself when assessing whether or not employees have suffered unfavourable treatment or been put at a particular disadvantage for the purposes of discrimination claims under the Equality Act 2010… >>

In HMRC v Keith Murphy, the Court of Appeal found that an amount paid by an employer to settle an employment law claim was taxable. The fact that some of that money was used to pay the claimants’ legal costs, or that it was paid by the employer on the claimants’ behalf to a third… >>

If an employment tribunal judgment is corrected under rule 69 of the ET Rules 2013, the date that the 42-day time period begins to run for an appeal remains the date stated in the original judgment unless the corrected decision is by way of substitution or replacement of the original judgment in its entirety, according… >>

An employment tribunal has held that a claimant, who believes that a woman is defined by her sex and that sex is immutable, was unlawfully discriminated against for ‘gender-critical’ beliefs, which are protected under the Equality Act 2010 (EqA 2010). It was also noted that a tribunal may have to consider whether it was the… >>

The Presidents of the Employment Tribunals in England and Wales, Barry Clarke, and in Scotland, Susan Walker, have issued revised guidance for employment tribunals on how they should take oral evidence by video or telephone from persons located abroad.  What are the practical implications of this development? The revisions to the Presidential Guidance provide some… >>

In Harpur Trust v Brazel, the UK Supreme Court has opened the door to hundreds of thousands of claims for compensation from part-time and casual workers, ruling on 20 July 2022 that they are entitled to proportionately the same holiday pay as full-time workers. The Supreme Court unanimously upheld a Court of Appeal ruling that music… >>

The Department for Business, Energy & Industrial Strategy (BEIS) has published a letter from the Minister for Small Business, Consumers & Labour Markets, Paul Scully MP, relating to exclusivity clauses in employment contracts. The letter sets out the government’s latest steps to better protect and support low-income workers as we look to build a high… >>

In a landmark judgment on the protection against discrimination for holding and expressing ‘gender critical’ beliefs—that sex is a material reality and should not be conflated with gender identity, the Central London Employment Tribunal has upheld claims for direct belief discrimination and victimisation by Maya Forstater against her former employer, the Center for Global Development,… >>

The Courts and Tribunals Judiciary has provided Practice Guidance on the new powers under section 85A of the Courts Act 2003 which allows courts and tribunals to permit the remote observation of hearings by reporters and members of the public. These powers come into effect from 28 June 2022 with the introduction of the Police,… >>