Whistleblowing and the Meaning of ‘In the Public Interest’

The Public Interest Disclosure Act 1998 – often referred to as the ‘Whistleblowing’ Act – inserted provisions into the Employment Rights Act 1996 (ERA) in order to protect employees from unfair treatment for reasonably raising, in a responsible way, genuine concerns about wrongdoing in the workplace. The Enterprise and Regulatory Reform Act 2013 made certain… Read more »

‘Good Work’ – The Taylor Review

In October 2016, the Prime Minister commissioned Matthew Taylor, a former policy chief to Tony Blair, to look at how employment practices need to change in order to keep pace with modern business needs. The Review, entitled ‘Good Work’, has now been published and makes many recommendations. These focus broadly on three challenges: Tackling exploitation… Read more »

Supreme Court Rules on the Pension Rights of Gay Partners

The Supreme Court has handed down a ruling which means that all married gay couples and civil partners should receive equal pension rights. Under Paragraph 18 of Schedule 9 of the Equality Act 2010, employers and pension funds are permitted to exclude civil partners from spousal benefits under a pension scheme the rights to which… Read more »

Supreme Court Clarifies Law on Indirect Discrimination

The Supreme Court has now handed down its judgment in an important case, Essop and Others v Home Office (UK Border Agency), brought by a group of workers who claimed to have suffered indirect race and/or age discrimination. The Court has ruled that in order to succeed in an indirect discrimination claim, it is not… Read more »

Early Conciliation and Second Certificates

For Employment Tribunal (ET) claims lodged on or after 6 May 2014, it is a legal requirement, unless an exemption applies, for the claimant to first notify the Advisory, Conciliation and Arbitration Service (Acas) by completing an Early Conciliation (EC) notification form. ET claims will not be accepted unless this procedure has been followed and… Read more »

Mother Suffered Discrimination After Part-Time Return From Maternity Leave

The Equality Act 2010 makes it unlawful to discriminate against or treat a woman unfavourably because of her pregnancy, or because she has given birth recently, is breastfeeding or is on maternity leave. In addition, the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999 protect employees from unfair dismissal and… Read more »

Organised Grouping of NHS Carers Embroiled in TUPE Dispute

Whether or not the employment of an organised grouping of workers has been transferred from one employer to another for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) is a matter of critical significance that is often far from easy to resolve. That was certainly so in the case of… Read more »

Workplace Bans on Religious Symbols and Dress

In ruling on a question concerning the interpretation of EU Directive 2000/78/EC, which establishes a general framework for equal treatment in employment and occupation, the Court of Justice of the European Union (CJEU) has ruled that an employer’s ban on the wearing of an Islamic headscarf, which arose from a private company’s internal rule prohibiting… Read more »

Unfair Dismissal – ‘Lifetime Loss’ Cases

When an employee succeeds in a claim for unfair dismissal, the compensation awarded by the Employment Tribunal (ET) will take into account any future loss of earnings. In the majority of cases, this will cover the period up until the time when the employee is likely to obtain a job equivalent to the one he… Read more »