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Exclusivity clauses

Exclusivity clauses

Back in 2015, the government banned the use of exclusivity clauses in zero hours contracts. Clauses that stop a zero-hours contract worker from working for another business, or which say that the worker cannot work for anyone else without the employer’s consent, are...
Discrimination – victimisation

Discrimination – victimisation

A victimises B if A subjects B to a detriment – treats them badly – because B has done a ‘protected act’. Protected acts can include making allegations of discrimination or bringing a discrimination claim. Even if the discrimination allegation itself turns...
Acas early conciliation

Acas early conciliation

If an employee wants to bring an employment tribunal claim, they must first go through Acas early conciliation (Acas EC) and wait to receive a certificate. The certificate number must then be listed on the form. The claim must be rejected if Acas EC has not been...
Discrimination and unfair dismissal

Discrimination and unfair dismissal

Many employment tribunal claims involve claims for both unfair dismissal and discrimination. They therefore involve the application of different legal tests to the same set of facts. Capability dismissals in particular lend themselves to claims that there has been...
Covid-19 and unfair dismissal

Covid-19 and unfair dismissal

Section 100(1)(d) and (e) of the Employment Rights Act 1996 provides employees with protection from dismissal if they exercise their right to leave the workplace or refuse to return to it, or take other steps to protect themselves, if they reasonably believe there is...