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Can an employer’s working arrangements amount to indirect discrimination for employees who have childcare responsibilities? In Dobson v North Cumbria Integrated Care NHS Foundation Trust 2023, Mrs Dobson (D), a community nurse, had three children, two of whom were disabled. As a result, sh...
Read moreEmployers who do not undertake right to work checks risk a 5-year prison sentence and face an unlimited fine if they knew, or had reasonable cause to believe, that an applicant does not have the right to work in the United Kingdom. This includes knowing that the person: <ul data-start="538" d...
Read moreThe legislation holds an employer negligent if an employee is injured in the course of employment as a result of defective equipment provided by the employer for the purpose of the employer’s business, and the defect is attributable wholly or partly to the fault of a third party (whether identifi...
Read moreThe Question Does a transgender woman with a Gender Recognition Certificate (GRC) qualify as a woman for the purposes of the Equality Act 2010? The Answer The Scottish Supreme Court ruled that sex in the Equality Act 2010 refers to biological...
Read moreCan an individual providing personal services to customers via their personal services company, be regarded as an employee of the customer? The recent decision of the Upper Tribunal (UT) in the case of Mantides v HMRC suggests that, on the facts of...
Read moreThe Employment Appeal Tribunal overturned an award of £10,000 for injury to feelings for an act of pregnancy and maternity discrimination in the recent case of Eddie Stobart Ltd v Graham. This was on the basis that the Employment Appeal Tribunal decided that the award was manifestly excessive com...
Read moreThe UK government announced significant increases to the National Minimum Wage (NMW) and National Living Wage (NLW), effective from April 1, 2025. <span class="relative -mx-px my-[-0.2rem] rounded-sm px-px py-[0.2rem]...
Read moreIn the recent case of Gibbons v Vale University Local Health Board, the tribunal was asked to rule whether the hospital employer had done enough to facilitate the employee to breastfeed. The tribunal upheld her complaint of harassment. G worked as a support worker in a hos...
Read moreThe Employment Tribunal has held that an employer’s termination for a substantial sickness absence record still amounted to unfair dismissal. This was because the employer did not act reasonably towards the employee and did not recognise the employee’s disability. A dismissal simply on historic ...
Read moreRegular and prolonged exposure to vibration, can lead to debilitating injuries to the fingers, hands and arms, causing pain and damage to nerves, affecting blood supply, joints and muscles and eventual loss of sensation. This condition, known as HAVS, is permanent and cannot be treated. The probl...
Read moreWith NIC and NMW rates increasing in April 2025, UK businesses are feeling the pressure. Recent surveys have indicated that many firms are planning to cut jobs, freeze recruitment, and scale back investment to manage rising costs.
Read moreIn the case of Higgs v Farmor’s School, a practicing Christian (H) worked as a school counsellor. Her contract of employment was terminated on the grounds of gross misconduct after she posted comments on Facebook criticising relationship education in schools. Her primary comments...
Read moreEmployers often face the situation when they have to assess what is a disability and what amounts to actual misconduct in the workplace. An employee will be protected by the Equality Act 2010 if they are covered as a disabled individual. The Act considers certain individuals to have a dee...
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Ramadan represents a very important religious time of the year for Muslims. During this month, Muslims abstain from eating, drinking, and smoking between sunrise and sunset.
Read moreAs of January 2025, Tribunals now have enhanced powers to increase awards up to 25% in cases where the employers fails to follow collective consultation obligations and the Code of Practice on Dismissal and Re-engagement.
Read moreNumber 10 A logistics company was fined £1m after an employee fell down 10m fracturing his skull, pelvic, arm, wrist, and ankle. He had fallen through an open hole in the driver’s cab of a straddle carrier, landing on the concrete floor below. Number 9</str...
Read moreThe Answer In the case of MacLennan v BPS 2024, the employment tribunal ruled that because the trustee in question, who had been electe...
Read moreIn the recent case of Deksne v Ambitions Ltd (2024), the claimant brought a claim against her employer for unlawful deductions from wages, specifically with regard to an underpayment of her holiday pay. Deksne alleged that she was underpaid her holiday pay starting from August 20...
Read moreEmployers must consider the recent important changes the Home Office has made to it guidance on right to work checks. To be compliant employers must now review their right to work procedures. The Home Office can issue large fines where an employer is found to be employing people illegally....
Read moreThe Question Can migraines be classified as a disability within the provision of section 6 Equality Act 2010 (EA) even when possible lifestyle changes could help to reduce its impact on day-to-day activities? The Answer For a health issue to ...
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