Restrictive Covenants – Quick Guide Many employers seek to protect their business connections and confidential information by requiring their employees to enter into restrictive covenants which aim to limit what work can be done by that employee for a period of time once his or her employment with this employer has come to an end. […]

Imputed knowledge – different for direct discrimination and victimisation? A few months ago I wrote about the case of Gallop v Newport City Council. This case considered whether a disabled individual can claim that he has suffered less favourable treatment “because of” his disability where the decision maker (as opposed to the employer) had no […]

Employer Defeated in Tripple Whammy – Fidessa Plc v Lancaster In the January 2017 case of Fidessa Plc v Lancaster, Fidessa lost its appeal against findings of unfair dismissal, indirect sex discrimination and breach of the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (“PTW Regulations”) in favour of Ms Lancaster. The facts […]

Indirect discrimination – do we need to know why the PCP puts group at a disadvantage? In the conjoined cases of Essop and others v Home Office (UK Border Agency); Naeem v Secretary of State for Justice [2017] UKSC 27, the Supreme Court considered whether it is necessary for a claimant to prove the reason […]

SSP for a face-lift? Many companies offer enhanced sick pay for a fixed number of days’ sick leave per year. As this is a contractual rather than a statutory provision, it is up to each individual employer to set out in the contract or staff handbook whether such pay is available for absences for elective […]

How NOT to defend a s.15 claim for discrimination arising from a disability Under section 15(1) of the Equality Act 2010, “discrimination arising from disability” occurs where both: • A treats B unfavourably because of something arising in consequence of B’s disability. • A cannot show that the treatment is a proportionate means of achieving […]

We were wrong to talk about a “shifting burden of proof” in discrimination claims Lawyers have, for as many years as I can remember, tended to advise clients who wanted to bring discrimination claims that, so long as they can make a prima facie case of discrimination, the burden of proof them shifts to the […]

The GDPR – What Employers Need to Know Now The right to the protection of data is not an absolute right; it must be balanced against other fundamental rights. This includes the freedom to conduct business.   There is an increased emphasis on the principle of transparency. This requires that individuals understand that personal data […]