Poor performance – or capability – is one of the five potentially fair reasons for dismissing an employee. Having a potentially fair reason is not enough - a dismissal won’t be fair unless the decision to dismiss was reasonable overall, including a fair procedure....

There is no upper limit on the amount of compensation that an employment tribunal can award in discrimination cases. Compensation is awarded based on the employee’s losses and what is just and equitable based on what happened. Compensation aims to put the employee in...

Harassment is where someone engages in unwanted conduct in relation to a protected characteristic (such as race or sex) which has the purpose or effect of either violating another person’s dignity or creating an intimidating, hostile, degrading, humiliating or...

The European Court of Justice cast its judgment in two German cases where Muslim employees were banned from wearing headscarves in the workplace. Although the judgment isn’t binding in the UK, courts and tribunals may take the decision  into account when deciding...

Do you talk about menopause enough in your office? If you employ women aged between 45 and 55, and the issue doesn’t really come up, then the answer is no. Recent statistics from the employment tribunal show that more women are citing menopause in employment tribunal...

The government has published new guidance for employers to guide them in encouraging their employees to take up the vaccine. A special toolkit has been developed which can be shared with staff including information, common Q&As, scripts for internal conversations...

Parties to an employment contract where illegal activity has occurred may be prevented from bringing employment related claims. Where an employment contract has been entered into lawfully, but then illegally performed, the enforceability of the contract will depend on...

The TUC has called for long Covid to be recognised as a disability and an occupational disease so that workers can access legal protection and compensation. Their survey of more than 3500 workers, all of whom said they had contracted Covid-19, found that nearly a...

Interim relief is a powerful weapon in the employment tribunal’s toolbox. An employee can only ask for interim relief in dismissal claims relating to trade union, health and safety activities and whistleblowing. If an employee shows that there is a ‘pretty good...

Indirect discrimination occurs when an employer applies a provision, criterion or practice (PCP) to all employees which disadvantages a group of people who share a protected characteristic (such as race or sex). Indirect discrimination can be justified if it is a...

Religion or belief is a protected characteristic under the Equality Act 2010 and can include any religious or philosophical belief. Article 9 of the European Convention on Human Rights provides for freedom of thought, conscience and belief. In a case called Grainger v...

The employment tribunals have handed down more judgments this month in relation to Covid-19 related dismissals. In Accattatis v Fortuna Group, the employee worked for a company which sold PPE. In March and April 2020, he told his employer he was uncomfortable...