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Why employers need a reflective response to employee beliefs
Discrimination and freedom of expression continue to pose a challenge to employers, with two recent cases highlighting the complexity of navigating such issues. Businesses need to continually review their recruitment and working practices to keep in step as this area of the law continues to develop.
The Importance of Employees Returning Company Property
A recent criminal case involving an ex-Sainsbury’s worker serves as a reminder to employers to make sure that departing employees have returned all company property before they leave employment. As reported in the Times newspaper, Holly Trevillion worked for...
Are tribunal fees on their way back?
The government has recently issued a consultation paper on re-introducing fees in employment tribunals and the Employment Appeal Tribunal. Tribunal fees were previously introduced in 2013. They were subject to judicial review in Unison v The Lord Chancellor and, in...
Barrister claiming £3 million in a belief discrimination claim has his claim dismissed for being out of time after issuing five months late
In claims for discrimination, it is a legal requirement that a claim is issued (or ACAS Early Conciliation commenced) within three months of the act complained of. This time limit can only be extended in discrimination cases if the tribunal deems, on the facts, that...
Comparators in discrimination claims: employers should not withhold information about comparator characteristics
Claimants in race discrimination claims can face difficulties when they believe that they have been treated less favourably, have an actual comparator in mind but do not know the race of that comparator. In a recent Employment Appeal Tribunal decision, it was held...
Victimisation claims cannot succeed if the underlying allegation of discrimination is false and made in bad faith
In the recent case of Toure v Ken Wilkins Print, the Claimant was employed as a forklift truck driver. He raised a grievance alleging that he had been subjected to a racial slur by a colleague. His grievance was not upheld. He appealed against this finding but offered...
The importance of considering the surrounding circumstances before creating a pool of one in redundancy situations
A redundancy situation can occur where there is a reduced requirement for employees to carry-out work of a particular kind. Where there are a group of employees carrying out the work in question then the group would usually be pooled together by the employer with a...
New Paternity Leave Regulations published
After announcing proposals to make changes to paternity leave rights in summer 2023, the government have now published draft legislation in the form of the Paternity Leave (Amendment) Regulations 2024. The Regulations make the following changes: Employees will be able...
The importance of being sensitive when employees return to work following sickness
A recent Employment Tribunal case illustrates the dangers employers face if they don’t act sensitively when employees return to work following illness. In Thomas v T&R Direct Insurance, the Claimant had worked for the Respondent for several years. She took a...
Generation Z: the pariahs of the job market
The website resumebuilder surveyed 1,344 managers and found that 3 in 10 hiring managers say they avoid hiring Generation Z candidates. Generation Z refers to those born between 1997 and 2012. Hiring managers say Generation Zers ask for too much money (42%), lack...
How does a tribunal decide whether a person’s view on something amounts to a ‘belief’ which is protected from discrimination?
Religion or belief is one of nine protected characteristics covered by the Equality Act 2010. This means that those who hold a protected religion or belief have a right not to be discriminated against, suffer harassment or be victimised on grounds of that religion or...
5 facts about fit notes
Fit notes are the written notification of fitness to work which must be provided by an employee when they are absent from work due to sickness. Here are 5 things you should know about fit notes: By law, a fit note must be presented to the employer for absences...
Flexible Working to become a Day 1 right from April 2024
Employees currently have the right to make a formal flexible working request, only once they have completed 26 weeks’ service with their employer. As far back as 2022, the government indicated their intention to change this rule to make the right to request flexible...