March 2024 - Didlaw

Redundancy Situation

28 March 2024

Must my employer place me in an alternative role if I am disabled? Yes, according to the seminal case of Archibald v Fife which has long been the authority for this. The Employment Appeal Tribunal (EAT) has said yes again in Miller v Rentokil. The Claimant suffered from MS and was unable to continue working […]

Race Discrimination Case

26 March 2024

Dilibe v Woodhaze – Employment Tribunal issues ruling on race discrimination case On 23 May 2023, the Employment Tribunal issued its liability judgment in the case of Dilibe v Woodhaze Limited t/a Window to the Womb (Swansea) and others. This was a case concerning particularly disturbing instances of race discrimination suffered by the Claimant, who […]

Fired for Seeking Parental Leave, Is That Automatic Unfair Dismissal?

22 March 2024

In Wright v Hilton Food Solutions the Employment Appeal Tribunal (EAT) was tasked with considering a first instance tribunal decision as to whether Mr Wright had ‘sought’ to take parental leave. An employee is protected from being dismissed because they take parental leave. This protection also applies when the employee ‘sought’ to take parental leave, […]

Sacked for whistleblowing?

20 March 2024

Automatic unfair dismissal or a detriment There are two main types of claims that can be brought by whistleblowing employees in the Employment Tribunals: (1) a claim that you have been subjected to a detriment (poor treatment) as a result of making a protected disclosure pursuant to section 47B of the Employment Rights Act (‘47B’); […]

Covid and work

8 March 2024

Was a home-working or a furlough request the main reason for a dismissal? In Accattatis v Fortuna Group (London) Ltd the Employment Appeal Tribunal (EAT) held that an Employment Tribunal (ET) was wrong to reject a claim for automatic unfair dismissal under section 100(1)(e) of the Employment Rights Act 1996 (ERA). The Claimant, a Sales […]

Press release – religion and belief discrimination

6 March 2024

Seyi Omooba v Michael Garrett Associates Ltd & Leicester Theatre Trust EA-2021-000523-NLD; EA-2021-000604-NLD; EA-2021-000086-NLD didlaw is pleased to announce that the Employment Appeal Tribunal (EAT) (Mrs Justice Eady) has handed down judgment in this case and has dismissed the Claimant’s appeals in their entirety. didlaw, with Elizabeth McGlone instructed, represented the First Respondent, Michael Garrett […]

Is it a reasonable adjustment to record a hearing?

6 March 2024

In Abanda Bella v Barclays Execution Services Ltd & Ors, the Claimant made two applications for permission to record a three day hearing. He referenced the fact that he was disabled (anxiety, depression, PTSD, paranoia, psychosis and exacerbated sleep disturbance) and said that the ability to record the hearing would reduce the cognitive load on him […]

Did a failure to make reasonable adjustments lead to suicide?

1 March 2024

Sometimes, you read a case so sad that you must write about it. This is one such case. Natasha Abrahart tragically took her own life on 30 April 2018. She was a second-year Physics student at the University of Bristol. She suffered from depression and chronic social anxiety disorder. She was disabled under the Equality […]