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Clandestine Rendezvous Leads to Unfair Constructive Dismissal Finding

Openness and transparency are key to promoting a healthy working environment. An Employment Tribunal (ET) made that point in taking a very dim view of a clandestine rendezvous between a salesman and his line manager in a shopping centre car park ( ...

Harassment - The English Language Evolves and So Must the Workplace

The English language is constantly evolving and words that might once have been considered harmless are now regarded as racist, homophobic and sexist slurs. An Employment Tribunal (ET) powerfully made that point in condemning a manager's persistent...

COVID-19 Pandemic Has Brought Employment Status Disputes to a Head

Strains on the labour market caused by the COVID-19 pandemic have resulted in a great many latent disputes concerning employment status coming to a head. That was certainly so in the case of a woman who, despite her lynchpin role in an events and...

What is a Detriment? EAT Ruling Clearly Sets Out the Correct Legal Test

The question of whether someone has suffered a 'detriment' is the central issue in a great many employment cases where discrimination or victimisation is alleged. In an important decision, the Employment Appeal Tribunal (EAT) has given authoritative guidance...

Tech Company Failed to Make Reasonable Adjustments for Cancer Sufferer

Corporate reorganisations arising from a change in ownership very often result in a need to reduce staff numbers. However, as one case showed, it is vital to conduct redundancy exercises fairly and openly and with careful regard to the particular needs of...

Agency Workers Have No Right to Apply for Vacant Permanent Positions

Agency workers have a right to be informed by those who hire them of permanent positions that become vacant – but are they also entitled to apply for such posts? Following an important test case, the Court of Appeal has answered that question...

Employment and an Egregious Case of Pregnancy/Maternity Discrimination

Employers who discriminate against pregnant women or new mothers can expect to reap a bitter harvest of financial and reputational damage. An Employment Tribunal (ET) made that point in describing a woman's suspension and dismissal whilst on maternity leave...

Fear of COVID-19 is Not a Philosophical Belief

A fear of contracting COVID-19 or infecting others with the virus is both worthy of respect and readily understandable. However, an Employment Tribunal (ET) has ruled in a novel case that it does not amount to a philosophical belief ( X v Y ). The case...

Workplace Relationships Broken Down? Always Avoid a Knee-Jerk Response

Where irresolvable differences of opinion render an employment relationship entirely unworkable, dismissal may be justified. However, as one case showed, a knee-jerk response is never wise and a failure to allow time for reflection and the observance of...

Redundancy Selection - Subjective Performance Assessment is Not Enough

Conducting a fair redundancy process requires a careful, almost forensic approach and it is almost never good enough for employers to rely on a subjective assessment of an employee's past performance. An Employment Tribunal (ET) succinctly made that point in...
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