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Whether discrimination is subliminal or deliberate often makes little difference to the pain and distress it causes. The point was strikingly made by a case in which an openly gay primary school headteacher suffered the consequences of unconscious bias ( ...

Workplace disciplinary proceedings must be thorough, fair and impartial and a failure to meet those standards can be costly, both in reputational and financial terms. In a case on point, an engineer won almost £70,000 in compensation after the...

The distinction between employment and self-employment is a continuing source of controversy and a ruling by the Employment Appeal Tribunal (EAT) that an accountant who worked exclusively for one client fell into the former category has added a new wrinkle...

Once an employee succeeds in establishing facts that arguably support a finding of discrimination, the burden of proving that there was no such discrimination falls upon the employer. The Court of Appeal has confirmed that approach in a guideline decision ( ...

In Asda Stores Limited v Brierley , the question before the Court of Appeal was whether or not thousands of women who worked at Asda's retail stores could compare themselves with male members of staff who worked at the company's distribution depots for...

Irreverent and foul-mouthed banter is commonplace in some working environments and does not necessarily amount to harassment or victimisation. An Employment Tribunal (ET) made that point in rejecting a compensation claim brought by a salesman who gave as...

To defeat a claim of direct discrimination under the Equality Act 2010 , the employer must show that the treatment complained of is in pursuit of a legitimate aim and is a proportionate means of achieving that aim. The aim must be objectively and reasonably...

The Court of Justice of the European Union (CJEU) has supported the opinion of the Advocate General that the mere fact that a worker did not apply to take annual leave cannot automatically mean the loss of the right to payment in lieu of untaken leave at the...

The High Court has dismissed a claim by the Independent Workers' Union of Great Britain (IWGB) seeking to overturn a decision of the Central Arbitration Committee (CAC) that Deliveroo riders are self-employed, not workers within the meaning of Section 296(1)...

In a landmark judgment, the Court of Appeal has confirmed that individual managers can be held personally liable for dismissal in whistleblowing claims ( Timis and Another v Osipov and Another ). The case concerned the former CEO of an oil exploration...