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In this post we refer to the 2018 case of: Mrs M Linsley v Commissioners for Her Majesty’s Revenue and Custom: UKEAT/0150/18/JOJ, 7 December 2018 Mrs Linsley, who worked for HMRC, suffered from ulcerative colitis; a condition which is exacerbated by stress and which requires her to have easy access to toilet facilities. HMRC had […]
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Section 15 Equality Act 2010 states: A person (A) discriminates against a disabled person (B) if— (a) A treats B unfavourably because of something arising in consequence of B’s disability, and (b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim. (2 )Subsection (1) does not apply if A […]
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Is it that time of year again? I swear Black Friday creeps up on me every time. I’ve just done with Halloween costumes, where to watch fireworks for Guy Fawkes and what to bake for Children in Need and here I am wondering what to buy everyone for Christmas. Then along comes Black Friday and […]
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Generally, for most stakeholders in a business, whether it’s the owners, management or employees, the need to clearly define and document business relationships is an onerous and often daunting task. To ensure that a business operates smoothly, internal business relationships (i.e. with employees) and external business relationships (i.e. with suppliers), should be understood by both […]
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In the June 2018 EAT case of East Kent Hospitals University NHS Foundation Trust v Levy, a tribunal’s decision as to whether or not Ms Levy had been dismissed by her employer was upheld. The facts of the case were that Ms Levy, anticipating that she would be changing jobs internally with the employer, gave […]
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World Cup fever is well under way and it’s been a fantastic tournament so far. England (unusually) are on fire and, as I write, about to face Columbia for a place in the quarter finals. Germany had a shock exit losing to South Korea; Argentina scraped through their group then were dumped out by France; […]
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In 2015 we asked a number of women what their biggest concerns were about their rights when pregnant, during maternity leave and upon their return. We felt that answering their questions would also be helpful for employers and wrote an article about it. Three years later, women can now take maternity leave and shared parental […]
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Whilst the law very clearly and unequivocally protects women who are pregnant or on maternity leave from discrimination, it doesn’t appear to deter many employers/potential employers/recruiters from discriminating in any event. For this reason, most pregnant women feel anxious about disclosing their pregnancies, particularly when applying for employment or when they know that redundancies are in […]
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In order to succeed in a claim of unfair dismissal, a claimant has to show that the dismissal was outside a range of reasonable responses to a given situation. It is not open to an employment tribunal to decide that, because it would not have dismissed for the same reason, the dismissal was unfair, provided the […]
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What’s new in employment law for 2018? Below are some key dates for your diary. The most notable change is the one related to termination payments. It will no longer be possible to make tax free payments for any element of what would have been the employee’s notice period, whether or not you have a […]
