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As specialists in employment law, we have day to day experience in all employment related matters. We would like to share some of our insights in the articles on this page.
News and comment from the team
Can A Disciplinary Sanction Be Increased At Appeal?
In the case of McMillan v Airedale NHS Foundation Trust, the Court had to consider whether an employer is entitled to increase a disciplinary sanction if their employee had chosen to appeal.
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Whistleblower Wins Crucial Tax Victory
In a ruling which strengthens the financial position of workplace whistleblowers, a woman has successfully argued that she should not have to pay tax on the first £30,000 of an interim award made by an Employment Tribunal (ET).
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Do “Religiously Orientated” Swear Words Amount To Harassment?
In the case of M v P Care Home Ltd and others, M brought a claim against her employer for religious harassment. In particular, regarding the regular use of swear words in her presence that included phrases such as “Jesus f*****g Christ" and “oh my f*****g God.”
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‘Cultural Differences’ Comment Not Discriminatory
A Muslim Royal Mail worker whose complaint about a colleague eyeing naked women online was attributed by his boss to ‘cultural differences’ has failed to convince the Court of Appeal that he was a victim of race and religious discrimination.
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‘Bullied’ Teacher Compensation Hopes Boosted
Teacher, who claims that she was bullied out of her job by a newly appointed headmistress has had her hopes of a substantial compensation payout boosted.
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Whistleblowing – Consultation on Annual Reporting by Prescribed Persons
Following a consultation exercise, the Government is in the process of making further amendments to the existing whistleblowing framework.
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Could Obesity be classed as a Disability?
An Advocate General Opinion decision has highlighted the question of whether or not obesity could be classed as a disability.
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How to Deal With Misbehaving Employees
An Employment Appeal Tribunal upholds British Airways decision to dismiss a cabin crew member.
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Equal Pay Audits – Regulations Published
New regulations have been published that set out the circumstances in which an ET must order an employer to carry out an equal pay audit.
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Failure to Work Notice Period – Deduction Not Penalty Clause
An Employment Tribunal has confirmed that the deduction of pay for a failure to work the specified notice period does not class as a penalty & is allowable.
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Changes to HM Courts and Tribunals Service Fee Remission Application Process
With effect from 30 June, the HM Courts and Tribunals Service (HMCTS) fee remission application process has been simplified.
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Law Firm Partner Age Discrimination Claim Fails
Professional firms that follow the traditional course of fixing a particular age at which their partners are required to retire can breathe a sigh of relief.
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Tribunal Strengthens Whistleblowers’ Rights
In a decision which significantly strengthens the hand of workplace whistleblowers, and self-employed people in particular, the Employment Appeal Tribunal (EAT) has ruled that a health and safety consultant was a legally protected ‘worker’ despite not having the benefit of an employment contract.
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Reasonable Adjustments and Associative Discrimination
In the case of Hainsworth v Ministry of Defence [2014] EWCA Civ 763 CA, the employment tribunal had to decide whether or not employers are obliged to consider making reasonable adjustments to accommodate employees that may have an association with a person who is disabled.
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Attendance Policy Adjustment – Disabled Employees
The case of Griffiths v Department for Work and Pensions (DWP) has raised the interesting topic of attendance and disability.
Read MorePatient Safety Trumps Psychiatrist’s Disability Discrimination Claim
A psychiatrist who was prevented from working in a consultant’s role after he was diagnosed with Asperger’s Syndrome has failed to convince the Employment Appeal Tribunal (EAT) that he was a victim of disability discrimination
Read MoreGuidance on Affirmation of Employment Contracts
A worker who gave more notice than he was contractually obliged to do following his resignation has had his constructive unfair dismissal claim ruled out by the Employment Appeal Tribunal.
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Employment Tribunal Reconsiders Whether Gross Misconduct be Cumulative
A recent case tackled the thorny issue of whether a series of relatively minor acts of employee misconduct can cumulatively add up to gross misconduct.
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2014 FIFA World Cup Brazil – Employment Issues to Consider
Have you thought about the employment issues that you may need to deal with during the 2014 FIFA World Cup in Brazil?
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Limited Liability Partnership Members Classed As ‘Worker’ in Landmark Whistleblowing Case
Are LLP members protected by whistleblowing law? News from Nationwide Employment Lawyers
Read MoreTestimonial
- The specialist advice NEL have given us and their thorough planning and administration highlight their collective competence. Its good to know you have such an experienced team working for you when the stakes are high. Thanks to NEL we’re now much better informed and have a wide understanding of the risks we face and how to avoid them in future.