August 2021 - Didlaw

Gendered language in job adverts

31 August 2021

According to HR review a recent study has shown that the use of masculine gendered language in job adverts can result in up to a 10% reduction in the number of female applicants. The study placed gendered language in job adverts on a scale of ‘strongly feminine’ to ‘strongly masculine’. Apparently masculine connotations include words […]

Did an Employment Tribunal err in it’s finding that a Claimant wasn’t disabled because there was no evidence his condition was likely to recur and that, even if he was disabled, the Respondent had no actual or constructive knowledge of the disability?

27 August 2021

No, held the EAT in the recent case of Seccombe v Reed. The Claimant worked for Reed between 2016 and 2018. He experienced two bouts of anxiety and depression which pre-dated his employment with Reed (2008 and 2015) and one which occurred as a result of a traumatic event during his employment. After a period […]

Maternity discrimination at work – will things ever change?

26 August 2021

UK Research and Innovation (UKRI) recently admitted liability for maternity discrimination at work in an Employment Tribunal in a claim brought by its former employee, Dr Lidster. It has been reported that Dr Lidster called UKRI prior to her return to work from maternity leave to be told that it would be “inappropriate” for her […]

Can a tall man face male harassment by a small female boss?

25 August 2021

Yes, held the Watford Employment Tribunal in King v Tesco Stores Limited. The Claimant, Mr King, worked as a supermarket customer assistant when he faced male harassment. In December 2018 he was questioned by his line manager about his inability to work additional hours in the period leading up to Christmas. This led to a […]

Be Careful What You Wish For – The Pandemic, Homeworking and Employee Pay Cuts

24 August 2021

It’s sometimes hard to remember but in the hazy sunlit days before COVID 19 reared its ugly head, the right to work from home was generally regarded as something as an elite privilege. In most offices home working was the preserve of the top brass who would depart, laptop in hand, at around 3pm, leaving […]

Should the tribunal consider conduct after an ET1 is filed?

23 August 2021

Yes held the Employment Appeal Tribunal (EAT) in Sakyi-Opare v Albter Kennedy Trust. The Claimant started a 100-day placement with the Respondent – a requirement of her degree with Brunel University to become a social worker – on 11 October 2017. An employee of the Respondent who was supervising the Claimant resigned and the Claimant’s […]

25% employers are not paying staff for their time to get, or recover from, their Covid vaccination

20 August 2021

Acas have published a survey regarding employers’ approach to staff Covid vaccinations. Acas’ advice is that employers should support staff to get the Covid vaccine once it is offered to them including paid time off to do. In support of its position Acas argues that it is beneficial for businesses to support staff vaccinations as […]

Emerging Case Law on COVID 19 and Pregnant Women – Prosser v Community Gateway Association Ltd

19 August 2021

In the early days of lockdown there was a good deal of uncertainty and confusion over a number of aspects of employment law. The circumstances of a pandemic are unprecedented in all of our lifetimes, and it is fair to say that most employers – and, in fact, most employment lawyers – were completely unprepared […]

Does asking a female colleague why she is rejecting a job offer abroad, given that she has ‘no children, is not married and doesn’t have a boyfriend’ amount to sexual harassment per s.26 EqA 2010?

18 August 2021

No, said the Employment Tribunal (ET) in N Sithirapathy v PSI CRO The Claimant argued the comments were related to her sex, were unwanted and had the purpose and effect of violating her dignity and creating a hostile environment. Thus, she posited, harassment was established. However the ET dismissed her claim, stating that the words […]