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Uplift to Awards Under the ACAS Code
/in Employment Tribunal, Unfair Dismissal/by Meredith HurstIn a case in which an Employment Tribunal makes an award of compensation it has the power to increase compensation by up to 25% if it finds that there has been a failure to comply with the requirements of any relevant ACAS Code of Practice on the part of the employer. It may also decrease […]
Management of disability related absence
/in Absence from work, Equality/by Meredith HurstIn the case of Griffiths v Secretary of State for Work and Pensions, the Court of Appeal looked at the question of whether it is a reasonable adjustment to discount disability related absence in an absence management procedure. Previous case law had suggested that it might not be necessary to discount such absence. In this […]
Age discrimination – long serving teacher
/in Equality/by Neill ThomasLong serving teacher constructively dismissed but not discriminated against on the grounds of age In the case ofBethnal Green and Shoreditch Educational Trust v Dippenaar, EAT (0064/15), a teacher who was managed at her job was able to establish that she was constructively and unfairly dismissed. The teacher in question was given poor assessments after […]
Is the drop in tribunal claims here to stay?
/in Employment Tribunal/by Jonathan MansfieldIs the drop in tribunal claims here to stay? Figures have been released for claims in the Employment Tribunal for the last quarter of 2015. The numbers provide a useful comparison with previous years and give an idea of what the trends are. Single claims in the tribunal give the most accurate picture of the […]
Starbucks employee wins dyslexia discrimination case
/in Discrimination, Employment Tribunal/by Neill ThomasIn the case of Miss Kumulchew v Starbucks Coffee Company Limited, our client, Meseret Kumulchew, won a claim for disability discrimination against her employer Starbucks after she was wrongly accused of falsifying documents. Miss Kumulchew has dyslexia and the tribunal found that Starbucks had failed to make reasonable adjustments for her needs, and appeared to […]
Join us for our ‘inappropriate behaviour at work’ event 3 February 2016
/in Uncategorised/by Meredith HurstThomas Mansfield’s survey on offence in the workplace highlights some of the comments that workers are exposed to – comments like “You can’t contribute. You’re only 20!” Inappropriate or offensive behaviour in your teams can drastically affect morale and performance…and more seriously may lead to claims of bullying and harassment. But help is at hand… […]
What’s on the horizon
/in Employment Law, Employment Legislation, Employment Tribunal, Unfair Dismissal, Working Time Regulations/by Meredith HurstNow that the ‘silly season’ is a distant memory and any unnecessary spillages at the Christmas party mopped up, it is time to reflect on what has been an eventful year in the world of employment law. We continue to grapple with holiday pay claims.We are awaiting the Employment Appeal Tribunal decisionin Lock v British […]
Don’t get dismissed this Christmas
/in Employment Law, Sexual Discrimination, Unfair Dismissal/by Meredith HurstChristmas is traditionally a time when people start to wind down at work. Plans are put in place for the New Year and we begin to look forward to festivities such as Christmas parties. This is obviously a happy time, but it can be easy to get carried away in the spirit of the season. […]
Kilraine v London Borough of Wandsworth
/in Employment Tribunal/by Meredith HurstA disclosure must be sufficiently factual and specific before the worker making it stands to qualify for whistleblowing protection. The Court of Appeal made this point loudly and clearly in its latest decision on protected disclosures. Background law People who notify their employers of wrongdoing are in some situations protected from being penalised as a […]