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when has the whistle been blown? Protected disclosures reviewed in Martin v Southwark LB

22 October 2021

Anyone who has tried to run a whistleblowing claim will know that the easy part is in proving that the Claimant has made a whistleblowing disclosure. A Claimant just has to show that they have disclosed information which in their reasonable belief shows that one out of six forms of wrongdoing have been committed. The […]

a nurse sues her hospital for being told not to wear a cross

21 October 2021

A few months ago, the European Court of Justice held in IX v WABE eV; MH Müller Handels GmbH v MJ that a rule forbidding workers from wearing any visible sign of political, philosophical or religious belief in the workplace did not constitute direct religion or belief discrimination under the EU Equal Treatment Framework Directive, […]

can Morrison’s shop-floor staff use the supermarket’s distribution centre staff as comparators for the purpose of an equal pay claim?

20 October 2021

Yes, ruled the Employment Tribunal recently in a group action claim which could be worth up to £100 million in back-dated pay. The Equality Act 2010 provides that in order to bring an equal pay claim an individual must be able to identify a more highly paid comparator of the opposite sex performing equal work […]

strictly come dancing and reasonable adjustments

19 October 2021

In recent days the change in the weather has signaled the arrival of autumn which provides good news for millions of Strictly Come Dancing fans like me! The show is back with another 15 celebrities partnering up with professional dancers, all competing for that glitter ball trophy.   This year the BBC have welcomed its first […]

does compulsory retirement give rise to age discrimination

18 October 2021

Not necessarily, held the Employment Appeal Tribunal (EAT) in Pitcher v University and University v Ewart. Professor Pitcher was an Associate Professor of English Literature at Oxford University and an Official Fellow and Tutor in English at St John’s College. Professor Ewart was an Associate Professor at Oxford University. The University operated an Employer Justified […]

the future of flexible working – a day one right?

15 October 2021

A government consultation document seeking ideas on the future of flexible working has been published. ‘Making flexible working the default’ sets out 5 key proposals on reforming the current regime: Making the right to request flexible working a “day one” right. Undoubtedly the headline proposal, this would allow employees to request a flexible working arrangement […]

did an employer’s refusal to allow an employee to reduce her hours and work on fixed days in order to facilitate childcare amount to indirect sex discrimination?

14 October 2021

Yes, held the Employment Tribunal in Daly v BA CityFlyer Mrs Daly (the Claimant) worked as an In-flight Business Manager (IBM) for BA (the Respondent). Her contract of employment provided for 37.5 hours per week ‘with a variable shift pattern as required by the business’. Her exact working pattern, per the contract, was ‘to be […]

The Court of Appeal takes on sexual orientation discrimination in R (Cornerstone Fostering) v Ofsted

13 October 2021

How many appeal court judges does it take to find that a fostering agency which had a blanket ban on recruiting non-heterosexual carers was acting in a discriminatory manner? It might sound like a joke but in the case of Cornerstone v Ofsted the answer was 3, plus a 47-page judgment… Cornerstone are a faith […]

baby loss and the workplace

12 October 2021

It is estimated that around 8,000 employed parents are impacted by the death of an infant or child each year. These are truly heart-breaking statistics. There can be no experience more devastating than losing a baby or child.  To say that the bereaved parent’s life would be turned upside down would be an understatement.  Having […]