Pregnancy Discrimination Care Assistant Wins Right to Compensation

A nursing home care assistant who was paid less than she was contractually entitled to – and was discriminated against by her employer after she became pregnant – has won the right to substantial compensation after the Employment Appeal Tribunal (EAT) ruled that she was constructively dismissed unfairly (Nicholson v Hazel House Nursing Home Limited)…. Read more »

A Guide to Preventing Disability Discrimination in the Workplace

Under the Equality Act 2010, which repeals all previous discrimination law and brings together the relevant legislation in one place, it is unlawful to discriminate against a worker on account of a physical or mental disability or to fail to make reasonable adjustments to accommodate a worker with a disability. It is not always necessary to… Read more »

Court Rules Restrictive Covenants Are Enforceable

In the recent case of Bartholomews Agri Food Limited v Thornton, the High Court found that a restrictive covenant included in the contract of employment of an agronomist from the time he began working for his employer as a trainee was manifestly inappropriate at that time and remained unenforceable throughout his employment. Furthermore, as the… Read more »

Unlawfully Dismissed Football Manager Wins Compensation

Constructive dismissal occurs when an employee resigns and can demonstrate that he or she is entitled to do so because the employer shows by their conduct that they no longer intend to be bound by the essential terms of the employee’s employment contract. When this is the case, the employer’s conduct is termed a ‘repudiatory… Read more »

LLPs and Whistleblowing – EAT Gives Guidance

Members of limited liability partnerships (LLPs) are not ’employees’, but they are ‘workers’ and are thus entitled to all the legal protections afforded by the whistleblowing provisions of the Employment Rights Act 1996. That point was made in the case of a senior solicitor who claimed that he had been forced out of a law… Read more »

Employer’s Refusal to Extend PHI Not Age Discrimination

In a case which emphasises the importance of clarity of language when providing information on employees’ contractual entitlement to Permanent Health Insurance (PHI) benefits, the Employment Appeal Tribunal (EAT) has upheld the decision of an Employment Tribunal (ET) to strike out a woman’s claims for direct age discrimination and unauthorised deduction from wages (Smith v… Read more »