September 2024

Positive Action or Positive Discrimination

30 September 2024

When can a worker be given an advantage because of their protected characteristic? Generally, it is unlawful discrimination for an employer to treat a worker differently than others because of that worker’s protected characteristic. This would in most circumstances amount to direct discrimination in breach section 13 of the Equality Act 2010 (the Act). However, […]

An update on whistleblowing case law

23 September 2024

Section 47B of the Employment Rights Act 1996 (Section 47B) protects workers who make whistleblowing disclosures against detriments they may suffer because of their disclosures. A detriment can be anything adverse to that worker’s interests. It is established law that a worker who is dismissed for making a whistleblowing disclosure may claim against their employer for […]

Should I raise a grievance at work?

20 September 2024

Is it a good idea to raise a grievance? Often the answer depends on what your desired outcome is – do you want to remain in employment, negotiate an exit from your employment or do you want to bring a tribunal claim? The grievance process is an opportunity for an employee to complain about a […]

Indirect discrimination by association: who can bring this claim?

18 September 2024

What is indirect discrimination? An indirect discrimination claim is a claim brought under section 19 of the Equality Act 2010 (‘the Act’), in which a worker asserts that a provision, criteria or practice (‘PCP’) of their employer is discriminatory. In order to succeed in claiming indirect discrimination, a worker must show that: An example of […]

Disability discrimination – Royal Mail Group

16 September 2024

Making reasonable adjustments is the cornerstone of the disability provisions of the Equality Act 2010. Section 20 of the Act sets out how this duty applies. The Equality and Human Rights Commission Statutory Code on Employment is especially useful on explaining how this works in practice. Chapter 6 explains how the law works and gives […]

When is the deadline for submitting a claim for unlawful deduction of wages?

13 September 2024

Sometimes calculating the time limit an employee has in which to bring a claim in the employment tribunal can be difficult to work out. However, at least for claims for unlawful deduction of wages under section 13 of the Employment Rights Act 1996 it should be straightforward, as the time limit is three months, less […]

Long-term sickness absence leading to dismissal

11 September 2024

The case of Parnell v Royal Mail Group Ltd concerned a postman/driver who had suffered from depression and anxiety since 2012. In April 2018 he received a disciplinary warning which was to stay on his record for two years. Just prior to receiving the warning the worker went on sick leave. Royal Mail made multiple […]

Only the employer’s conduct is relevant when considering a constructive dismissal claim

9 September 2024

Constructive dismissal claims are one of the hardest claims to successfully pursue. This is because the burden of proof is on the employee to show that they resigned as a result of a repudiatory breach of their contract of employment by their employer. A repudiatory breach is where the employer does something that goes to […]

TUPE and its complexities

6 September 2024

The purpose of the Transfer of Undertaking (Protection of Employment) Regulations 2006 (TUPE) is to protect the jobs of employees who are affected in business transfer situations. This law is, however, complex and sometimes even judges get it wrong. This is what happened in Newman & ors v (1) Rollandene and (2) Mansfield Care, as the […]