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The last straw doctrine of constructive dismissal – Craig v Abellio Limited

20 May 2022

In Craig v Abellio Limited, the EAT reiterated the principles of the ‘last straw doctrine’ in constructive dismissal, specifically highlighting the focus that needs to be applied to the context of the employment relationship leading up to the ‘last straw’ incident. The claimant, a bus driver, had been employed by the respondent from July 2014 […]

The digital workplace – a new era

18 May 2022

The workplace is changing.  The pandemic has served to accelerate the introduction of a digital workplace as organisations strive to adapt to an ever-evolving work environment. Many workplaces have seen the introduction of new technologies such as automated machinery, data analysis and complex computer systems in an effort to deliver innovative solutions to service delivery.  […]

Harassment relating to sex – Man called “bald” at work

16 May 2022

Having decided that “baldness” is inherently linked to men, the Employment Tribunal found that the Claimant in this case had been subjected to harassment relating to sex when a colleague used expletive insults including the word “bald”. After nearly 24 years of unblemished service as an electrician for the respondent, the claimant was dismissed from […]

Ban on exclusivity clauses set to be extended

16 May 2022

The Department for Business, Energy and Industrial Strategy (DBEIS) has announced its intention to widen the ban on exclusivity clauses. The new proposals will prohibit the use of exclusivity clauses where the individual’s guaranteed weekly income under their contract is on or below the Lower Earnings Limit, currently £123 a week. This appears to be […]

Wellbeing and workforce incentives

13 May 2022

“The Great Resignation” is term virtually unheard of before the pandemic but something to which we have all become well accustomed as many were drawn to rethink their careers.  Our very own Kendal Youngblood blogged about this in November 2021. Employers are set to introduce workforce incentives to combat the issue. However, this was no flash […]

Can a party apply for Employment Tribunal transcripts?

11 May 2022

Unlike proceedings in the High Court or County Court, hearings in the Employment Tribunal are not recorded as a matter of routine. The Employment Tribunal Rules of Procedure 2013 (ET Rules), which govern how tribunals operate, therefore do not include provisions for the recording of hearings or the application for Employment Tribunal transcripts by parties. […]

Intermediary service introduced for vulnerable tribunal users

9 May 2022

In April 2022, Her Majesty’s Courts and Tribunals Service (‘HMCTS’) introduced its new Appointed Intermediary Service 2022, itself a part of HMCTS’s Vulnerability Action Plan. The Appointed Intermediary Service has now been introduced across the courts administered by HMCTS, which includes the employment tribunal. Intermediaries are communication specialists who work to support participants in court […]

Lesbian barrister’s ET hearing over gender critical beliefs

6 May 2022

An employment tribunal is hearing claims brought by Alison Bailey, one of the country’s few lesbian black barristers, for discrimination over her gender critical beliefs. People who are gender critical disagree with the idea that gender identity should be conflated with or prioritised over biological sex. Last year, the Forstater case decided that gender critical […]

EHRC transgender guidance: Separate and single sex service providers

4 May 2022

On 4 April 2022 the Equality and Human Rights Commission [EHRC], an independent, non-departmental public body published its long-awaited EHRC transgender guidance for separate and single-sex service providers. Despite purporting to be a centre of excellence for evidence, analysis, and equality and human rights law this latest publication has received mixed reviews. Baroness Kishwer Falknber, […]