To satisfy the definition of 'disabled' under the Equality Act 2010, an employee must show that they have a physical or mental impairment which has a substantial and long-term effect on their ability to do day to day things. To be long term, the impairment must have...

You may remember the Court of Appeal decision in Chief Constable of Leicestershire v Hextall last year. The Court of Appeal decided that it was not discriminatory to pay men on shared parental leave less than women on maternity leave. The special treatment women...

An employer must be able to justify any compulsory retirement age (CRA) by showing it is a proportionate way of achieving a legitimate business aim. An employment tribunal will look at why the CRA is necessary and appropriate, whether there is any alternative to the...

Workers are protected from being treated badly by their employer because they have made protected disclosures about malpractice. In Jesudason v Alder Hey Children's NHS Foundation Trust, the Court of Appeal has looked at whether an employer's attempts to set the...

The Supreme Court decided last year that knowledge of a manager other than the dismissing officer can be attributed to the employer when establishing the reason for the dismissal (Royal Mail v Jhuti – where the real reason for dismissal, whistleblowing, was hidden...

The Employment Appeal Tribunal has looked at whether it is fair to dismiss an employee who has been charged with a crime. In Lafferty v Nuffield Health, the employee was a porter at a charity. He had 20 years' service and a clean disciplinary record. One of his duties...

Coronavirus (COVID-19) is grabbing the headlines as it spreads over the globe and more cases are diagnosed in the UK. The impact of the virus on employees and business is worrying for employers. Some guidance has been published recently which employers might find...

Section 47B of the Employment Rights Act 1996 says that an employer must not treat a worker badly (subject them to a detriment) if they have 'blown the whistle' on wrongdoing (made a 'protected disclosure'). In Tiplady v City of Bradford Metropolitan District Council,...

The Equality Act 2010 sets out the law in relation to equal pay. Male and female workers should be paid the same for doing the same job (like work), work which is given the same rating under a job evaluation scheme (rated as equivalent) or work of equal value, unless...

You may remember that the Low Pay Commission reported to government back in Autumn 2019 and recommended increases to the national minimum wage and national living wage. The national living wage is the minimum pay required for workers who are aged 25 and older. It is a...

Employers must protect their workers from discrimination and harassment. An employer will be legally liable for harassment at work if they have not taken reasonable steps to prevent it. The Equality and Human Rights Commission has published some technical guidance on...