Employment Articles

LLP wins appeal over partner's age discrimination claim

The Employment Appeal Tribunal has ruled that a constructive dismissal following unwanted sexual comments could amount to an act of harassment within the meaning of the Equality Act 2010 (the Act). The case involved a woman who resigned after alleging that...

Constructive dismissal after sexual comments 'can constitute harassment'

The Employment Appeal Tribunal has ruled that a constructive dismissal following unwanted sexual comments could amount to an act of harassment within the meaning of the Equality Act 2010 (the Act). The case involved a woman who resigned after alleging that...

Tesco staff couldn't believe 6ft man was intimidated by pregnant boss

A supermarket assistant was discriminated against when managers didn’t believe he could be intimidated by a 5ft 4in woman. The case involved Mr T King, who is 6ft tall, and his Tesco line manager, known as JF, who was five months pregnant at the time....

Nursing officer was dismissed for making protected disclosures

The Employment Appeal Tribunal has upheld a decision that a nursing officer was dismissed solely because she had made protected disclosures. The officer, Ms Fairhall, had worked in district nursing for University Hospital North Tees and Hartlepool NHS...

Perverse for judge to accept Veolia's inept dismissal process as fair

It was perverse for an employment judge to have characterised an employer's investigative and disciplinary process as "a catalogue of ineptitude and misjudgement" yet to have concluded that the resulting dismissal was nonetheless fair. That...

Sainsbury's worker unfairly dismissed over Black Lives Matter comment

The Employment Tribunal has ruled that a Sainsbury’s worker who lost her job over a comment about Black Lives Matter (BLM) was unfairly dismissed. Mrs M Cunnington was a price controller and had worked for the supermarket chain since 1992. During the...

Nursery worker wins unfair dismissal claim but has compensation reduced

The Employment Tribunal has ruled that a child care centre acted unfairly when it dismissed a nursery worker over allegations that she encouraged children to kick and taunt a colleague. The case involved Miss S Flynn who had been the team leader in the baby...

Government to place duty on employers to prevent sexual harassment

The Government has announced it will introduce a duty on employers to prevent sexual harassment and consider extending the time limit for claims under the Equality Act 2010 from three to six months. There will also be explicit protections from third-party...

Supreme Court rules on burden of proof in employment claims

The Supreme Court has upheld a decision that a postman had not been subjected to race discrimination when his applications for more than 30 jobs all failed. In giving its judgment, the court clarified the correct approach to be taken by employment tribunals...

Teacher's dismissal over indecent images on computer was not unfair

The Court of Session has ruled that an education authority had not acted unfairly when it dismissed a teacher after indecent images were found on his computer. The issue arose after police attended the teacher's home to carry out inquiries relating to...
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