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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...

Disability Discrimination by Association - Guideline EAT Decision

It may sound surprising, but you need not necessarily be disabled in order to suffer disability discrimination. As one case showed, it is legally possible for a non-disabled employee to suffer discrimination by association with a disabled colleague ( ...

Employer's Hardline Anti-Corruption Policy Passes Legal Test

Many businesses, particularly those that deal with governmental authorities, sensibly have anti-corruption policies in place. One such policy came under close analysis in an employment case concerning a golfing trip provided to a public official ( Thompson...

Employment Contracts and the Implication of Terms by Custom and Practice

Workers wishing to discern the extent of their entitlements need usually do no more than read their employment contracts. As one case showed, the occasions when further rights are to be implied into a contract, having been established by custom and practice,...

Would Your Workplace Disciplinary Procedures Withstand ET Scrutiny?

Workplace disciplinary hearings should always be conducted on the assumption that the fairness of the procedure followed is in future likely to be rigorously tested by an Employment Tribunal (ET). A case on point concerned an adult education worker who was...

Maternity Discrimination Victim Receives Substantial Compensation

Maternity leave should be a period of joy and tranquillity but, all too often, it is marred by discrimination. As an Employment Tribunal (ET) decision showed, however, employers who treat new mothers unfavourably can expect to pay a high reputational and...

COVID-19 Lockdowns No Excuse for Sub-Standard Redundancy Processes

The COVID-19 lockdowns plunged thousands of businesses into dire financial straits but, as an Employment Tribunal (ET) ruling showed, the unprecedented crisis in no way relieved hard-pressed employers of their legal obligation to manage redundancy processes...

Whistleblowing Nurse's Dismissal 'Grossly Unfair'

There are few things more serious in an employment context than sacking a whistleblower for performing a valuable public service. The Employment Appeal Tribunal (EAT) made that point in the case of a highly regarded nurse who was treated grossly unfairly for...
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