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Gender Diversity Bias Claim Fails to Convince Court

Many employers are taking laudable steps to increase diversity in their workforces by recruiting more women. However, as a case involving an unsuccessful candidate for a BBC radio broadcasting position showed, such considerations do not detract from the...

Selecting Staff for Redundancy? It Pays to Take Professional Advice First

The process of selecting staff for redundancy is fraught with legal pitfalls and seeking professional advice at the outset can in the long run save you from serious financial and reputational damage. In a case on point, a local authority reaped a whirlwind...

Worker or Independent Contractor? European Court of Justice Guidance

The vexed distinction between 'workers' and 'independent contractors' could hardly be more important for many businesses but remains perennially controversial. An important ruling of the Court of Justice of the European Union (CJEU) is likely, however, to...

Harvey Weinstein Case Exposes Wrinkle in Employment Tribunal Rules

Sexual harassment proceedings against disgraced film producer Harvey Weinstein gave rise to a thorny jurisdictional issue that threatened to undermine the power of Employment Tribunals (ETs) to make evidence disclosure orders against those who are not...

Fixed-Term Employment Contracts Mean What They Say

Fixed-term employment contracts mean what they say and expire at the end of their terms without the need for any notice of termination. The Court of Appeal so ruled in a case which clarified the interrelationship between fixed-term contracts and public...

COVID-19 - Court of Appeal Rules on Status of Furloughed Employees

Many companies have entered administration in response to the COVID-19 crisis but have retained furloughed employees in the hope that they will emerge from lockdown to a brighter future. In a case which will have major consequences for vast numbers of such...

Not Every Workplace Complaint Qualifies for Whistleblowing Protection

Workplace whistleblowers who, in the public interest, disclose what they believe to be wrongdoing are protected by the full force of the law. As an instructive tribunal ruling underlined, however, not every complaint of flawed working practices or procedures...

Disability Discrimination Victim Secures Over £4.7 Million in Compensation

The consequences of discrimination in the workplace can be truly devastating and compensation awards to victims can be very substantial. In one case, a disabled bank worker who was stricken by a severe depressive disorder after suffering disability...

Inducing Breaches of Contract - Court of Appeal Clarifies the Law

Anyone who induces an employee to breach his or her contract is guilty of a civil wrong and can expect financial consequences – but what amounts to a state of mind sufficient to make a person liable for such a wrong? The Court of Appeal tackled that...

Shop Workers' Rights to Opt Out of Sunday Working - Guideline Ruling

Ascertaining exactly why an employee has been dismissed can be a complicated process. In a case on point, a supermarket chain defeated a worker's claim that his wish to opt out of working on Sundays was the trigger for his unfair dismissal ( Ikejiuba v WM...
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