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Depressed Supermarket Worker Wins Disability Discrimination Payout

Disability is a broad legal concept and encompasses not just physical incapacity but also mental ill health and all of its consequences. In one case, a supermarket worker whose short temper was a symptom of his depressive illness won more than £6,000...

Workplace Disciplinary Action - Does the Penalty Fit the Offence?

When it comes to workplace disciplinary action, it is vital for employers to ensure that the penalty fits the offence. In one striking case where that certainly did not happen, a bus driver who was unfairly dismissed for shooting a red light after 37 years'...

The Role of Companions at Disciplinary and Grievance Hearings

Under the Employment Relations Act 1999 a worker has the right to be accompanied by a fellow worker or trade union representative at an internal disciplinary or grievance procedure hearing, provided the request is reasonable in the circumstances. A worker...

Social Housing Company Not Guilty of Age Discrimination

In the context of a redundancy process, in which workers competed with one another in order to obtain one of the remaining posts, it was reasonable for the employer to expect each of them to look after their own interests. An Employment Tribunal (ET) so...

Sleeping at Work and the National Minimum Wage

Whether or not a worker who is on call at their employer's premises but who is allowed to sleep when their services are not required is entitled to be paid the National Minimum Wage (NMW) for the entirety of their shift is a highly fact-sensitive area of...

Employment Tribunal Fees - Supreme Court Upholds Unison's Challenge

The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 introduced fees for bringing a claim to the Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT). The stated aims of the Fees Order were to transfer part of the...

When Does Notice of Termination Take Effect?

Exactly when notice of termination takes effect can impact on an employee's entitlement to certain benefits or employment rights. In a recent case, the Court of Appeal ruled that, in the absence of an express term in the employee's contract, notice of...

'Good Work' - The Taylor Review

In October 2016, the Prime Minister commissioned Matthew Taylor, a former policy chief to Tony Blair, to look at how employment practices need to change in order to keep pace with modern business needs. The Review, entitled 'Good Work', has now been...

Whistleblowing and the Meaning of 'In the Public Interest'

The Public Interest Disclosure Act 1998 – often referred to as the 'Whistleblowing' Act – inserted provisions into the Employment Rights Act 1996 (ERA) in order to protect employees from unfair treatment for reasonably raising, in a...

Supreme Court Rules on the Pension Rights of Gay Partners

The Supreme Court has handed down a ruling which means that all married gay couples and civil partners should receive equal pension rights. Under Paragraph 18 of Schedule 9 of the Equality Act 2010 , employers and pension funds are permitted to exclude...
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