July 2024 - Didlaw

Interim Relief – when compensation is awarded before the final hearing

31 July 2024

In July 2024 it was reported that the Employment Tribunal granted interim relief in a case concerning a migrant nurse who claimed that he was unfairly dismissed. Mr Rathod worked for Clinica Private Healthcare and had paid an immigration agent £22,000 in India to obtain a visa and employment in the UK. After joining Clinica […]

The new duty to prevent sexual harassment in the workplace

29 July 2024

How? In order to strengthen protections for employees from sexual harassment, new provisions are being added to the Equality Act 2010 as of October 2024. This is through The Worker Protection (Amendment of Equality Act 2010) Act 2023. What does this look like? This provision creates a new mandatory duty on employees to take reasonable steps […]

TUPE – Commissioning activities are not an “economic entity”?

27 July 2024

In Bicknell v NHS Nottingham and Nottinghamshire Integrated Commission Board, the Employment Appeal Tribunal (EAT) confirmed, following the EAT’s previous decision in the case of Nicholls v London Borough of Croydon, that the commissioning activity carried out by Dr Bicknell and others for the NHS was not an “economic entity” for the purpose of applying […]

Less Favourable Treatment against Part-Time Workers

24 July 2024

The Equality Act 2010 protects workers from being treated less favourably because of a protected characteristic, for example disability or race. It is perhaps a lesser-known feature of UK employment law that part-time workers are also protected from less favourable treatment. Under section 5 of the Part-time Workers (Less Favourable Treatment) Regulations 2000 (the Regulations), […]

Redeployment as an alternative to dismissal

22 July 2024

In the case of Bugden v Royal Mail Group the Claimant, Mr Bugden was dismissed following periods of ill-health related absence. He brought employment tribunal claims for both unfair dismissal and disability discrimination which included a claim for a failure to make reasonable adjustments. These claims all failed in the Employment Tribunal (ET). The Claimant appealed to […]

The Big Stay and protection for workers against dismissal

19 July 2024

It has been reported that fewer workers are resigning and more are opting to stay put in their current jobs, in what labour market experts are calling ‘the Big Stay’. James Cockett, labour market economist, has commented that the ‘great resignation’ following the pandemic is over and has been replaced by ‘the big stay’, with […]

EAT orders the employer to disclose relevant documents

17 July 2024

One of the most important steps when preparing an employment law tribunal case for a hearing is when you exchange lists and copies of documents. What does this mean? This is the stage in case preparation when the parties are obligated to disclose to each other documents that are relevant to the issues in the […]

Sisters in Law – Harriet Wistrich

15 July 2024

Centre for Women’s Justice (CWJ) I have known of Harriet Wistrich and the work of the CWJ for some years having been on their legal panel. I have provided pro bono legal advice for women connected to the CWJ who have needed for employment guidance. I have always admired both Harriet and the work of […]

Reasonable adjustments at work

12 July 2024

We receive many enquiries about whether reasonable adjustments should be, or should have been, made for an employee. There is also increasing publicity about neurodiversity including a survey by Prospect Union which highlights the need for employers to provide better support for neurodiverse tech workers. We have also taken note of an article written in […]