February 2024 - Didlaw

Is hostility at work a good reason to resign?

28 February 2024

Associate solicitor Jennifer Wall won her claim of unfair dismissal against the London law firm Gannons owing to issues with her return to work after maternity leave. You can find the full judgment in the case of here. The Tribunal dismissed all allegations of pregnancy discrimination against the firm but identified five instances where Gannons […]

Strike out for unreasonable, scandalous and vexatious conduct

19 February 2024

Under the Employment Tribunal Rules, a tribunal has the right to strike out all or part of a claim if it believes that a Claimant has acted unreasonably, scandalously or vexatiously in bringing their claim or where they assess that the case has no reasonable prospects of success. Successful strike out applications are rare; the […]

Constructive Dismissal – how long do I wait before I resign?

16 February 2024

Constructive dismissal claims aren’t the easiest claims for employees to bring. Why? Because the burden of proof rests on the employee to show that there has been a fundamental breach of their contract of employment that left them no option but to resign. In most cases, this a high hurdle for a Claimant to overcome. Typically, […]

It can be dangerous to wait to submit an Employment Tribunal claim

14 February 2024

If you want to bring a discrimination claim in the Employment Tribunal, it is crucial to consider time limits. A strict time limit applies and a Tribunal will rarely accept a claim submitted out of time. The statutory time limit for submitting discrimination claims is three months minus one day from the act complained of. […]

Dr Shahrar Ali v GPEW

9 February 2024

didlaw is delighted to announce the successful judgment for its client Dr Shahrar Ali in his discrimination claims against the Green Party of England & Wales. Dr Ali pursued discrimination claims against the Green Party on the basis that he was subjected to a co-ordinated campaign by the Party to see him removed as a […]

Unfair dismissal

9 February 2024

Must the dismissing manager know about the disclosures for a dismissal to be unfair? The short answer is yes. To succeed in a claim for automatic unfair dismissal as a result of making a protected disclosure (whistleblowing), an employee needs to show that the person who made the decision to terminate their employment had prior […]

For reasonable adjustments context is key

7 February 2024

In the case of Glasson v Insolvency Service the Employment Appeal Tribunal has found that the Employment Tribunal was entitled to find that an employer did not discriminate against the Claimant by conducting oral interviews by video conferencing in an internal recruitment exercise. The Tribunal was deemed to have correctly rejected a failure to make […]

Dismissed for using ‘the N word’ in a training session

1 February 2024

£490,000 compensation for Lloyds Bank worker unfairly dismissed for using ‘the N word’ in a training session Carl Borg-Neal was a manager at Lloyds Bank. He was one of more than 70,000 employees who were invited to attend a race education training session in 2021. During the training session, the group was told to “speak […]