August 2024 - Didlaw

The four-day working week

30 August 2024

Campaigners at the Workers Union are launching a new four-day working week trial with the aim of influencing the new Labour Government. Companies who are set to participate in the trial are due to begin the scheme in November 2024. Trials have previously been conducted among various types of business with varying success. A four-day […]

Did Stonewall aid or abet discrimination

28 August 2024

In Bailey v Stonewall Equality & Ors the Employment Appeal Tribunal (EAT) has determined that the Employment Tribunal (ET) was correct to reject Ms Bailey’s claim that Stonewall, the LGBT campaign charity, had caused or induced Garden Court Chambers (GCC) to discriminate against her on the grounds of her gender critical beliefs. The ET held […]

Unfair dismissal & the tribunals’ powers to reduce compensation

23 August 2024

In Keirle and others v Notaro Homes four employees were apparently dismissed for making certain social media posts that their employer found unacceptable. At a hearing a tribunal found that this was in fact not the real reason for their dismissal. The tribunal found that the true reason for their dismissal was that they had made […]

Assessing Disability in Employment Tribunal Claims

21 August 2024

When an Employment Tribunal Judge assesses a disability discrimination claim, the first question they will often need to consider is whether the worker is disabled for the purposes of the Equality Act 2010 (the Equality Act). Under the Equality Act, a disability is any impairment which has a substantial adverse effect on a worker’s ability […]

Failure to allow a postponement for a litigant in person with PTSD

19 August 2024

In Bennett v London Borough of Islington the Employment Appeal Tribunal (EAT) decided that an Employment Tribunal was wrong to reject Ms Bennett’s application on the second day of a ten day trial to postpone the hearing because her legal representative became unavailable. This change was a material one in the circumstances. The Claimant had made […]

New Code of Practice on Fire and Rehire

16 August 2024

Fire and rehire is the controversial practice of an employer firing staff and then offering them their job back on worse or different terms. This is most often a consideration in circumstances of redundancy or restructure. P&O Ferries famously did this is in 2022, firing nearly 800 employees with little or no warning and replacing them […]

How to make a protected disclosure

14 August 2024

We hear about workers whistleblowing but what does this mean in employment law? The relevant provisions are set out in the Public Interest Disclosure Act 1998 and the Employment Rights Act 1996 but here is a summary of how to make a protected disclosure. To be a protected disclosure it must be: A qualifying protected […]

labour confirms its commitment to introduce more workers’ rights

12 August 2024

Labour has only been in government for a short while but on 17 July 2023, the King in his speech to Parliament, announced that an Employment Rights Bill will be introduced within their first 100 days of taking office, most likely in October 2024. This shows their commitment to fulfil their pledges listed in their […]

Discrimination against Part-Time Workers

9 August 2024

Under section 5 of the Part-time Workers (Less Favourable Treatment) Regulations 2000 (the Regulations), a part-time worker has the right to not be treated less favourably than a full-time worker because of their part-time status. An employer can defend claims regarding less favourable treatment of part-time workers if they can justify the treatment on objective […]