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Rethinking the burden of proof in Direct Discrimination claims
/in Equality Act 2010/by Meredith HurstIn a recent decision that will have important repercussions for many direct discrimination claims under the Equality Act 2010, the EAT has held that the concept of the “shifting burden of proof” is not legally correct. We take a closer look at the decision in Efobi v Royal Mail Group LtdUKEAT/0203/16/DA and the consequences for […]
Settlement Agreements – 10 things you need to know
/in Compromise Agreements/by Meredith HurstBeing called in to have an ‘off the record’ discussion about your employment may come out of the blue. Equally, it may be a relief if you have suspected ‘something’ has been on the cards for a while. A settlement agreement might be raised with you during the processing of a disciplinary matter, during a […]
“In the public interest” – the latest on whistleblowing
/in Employment Law/by Meredith HurstThe Court of Appeal has delivered an important judgment clarifying the phrase ‘in the public interest‘ in the context of the ‘whistleblowing’ legislation. We summarise the key aspects of ‘whistleblowing’, and look at the decision in Chesterton Global Ltd v Nurmohamed [2017] EWCA 979 which confirms that a disclosure may be in the public interest […]
Winning the Recruitment Game
/in Employment Law/by Meredith HurstThe Brexit vote and subsequent uncertainty about the status of EU nationals currently working in the UK is having an impact throughout the labour market. One of the reported consequences has been a rise in recruitment costs, with businesses having to pay significantly over the market rate to attract the individuals they want, as the […]
Age discrimination and retirement age – where are we now?
/in Equality Act 2010/by Meredith HurstThe UK abolished its ‘default’ retirement age over 6 years ago, leaving workers free to retire at any time and draw any occupational pension they are entitled to at that point. However, some organisations continue to maintain a ‘retirement age’ – so how does that fit with the provisions of the Equality Act 2010 and […]
Holiday Pay – ten things you need to know
/in Working Time Regulations/by Meredith HurstBritish Gas has been refused leave to appeal to the Supreme Court in its long running litigation with Mr Lock relating to the calculation of statutory holiday pay, so we thought it was about time for a look at statutory holiday pay and a recap of the main points to be aware of. 1.A ‘health […]
Attitudes to organisational change – grounds for a fair dismissal?
/in Unfair Dismissal/by Meredith HurstWith many organisations, both public and private, under pressure, the reorganisation has become common place. Drives for efficiency, and attempts to weather the storms of austerity, deal with fluctuating markets, and relieve pressures on resources can all contribute towards a decision to undertake a reorganisation. The changes which a reorganisation will entail can leave employees […]
Indirect Discrimination – has anything changed after Essop & Naeem?
/in Equality Act 2010/by Meredith HurstEarlier in the year, we looked at some of the important cases due for decisions in 2017. The Supreme Court recently handed down its decision in 2 of the cases we mentioned in that blog, Essop and Naeem. Both cases concern indirect discrimination. Time for a round up and a look at whether this brings […]
What will Brexit and the Great Repeal Bill mean for Employment Law?
/in Employment Law, Equality Act 2010/by Meredith HurstGiven that much of the UK’s current employment law is derived from EU legislation, we look at what BREXIT will mean for workers’ rights and the employment landscape in general. Leaving aside the possibility of any more surprises that 2017 (and the forthcoming General Election) may throw at us, Article 50 has been triggered and […]