In Dunn v Institute of Cemetery and Crematorium Management the EAT has held that the protection from discrimination of married persons under S.3 of the Sex Discrimination Act includes protection from less favourable treatment for being married to a particular person. Thus, in the instant case, although the employer did not discriminate against married people[…]
The UK has introduced new laws increasing the rights of temporary workers. Linda Goldman and Joan Lewis find out what this means for firms hiring agency staff. There was a time when the use of temporary staff was seen as the human equivalent of the use of disposable cups: very difficult to manage without in[…]
The Government has announced its plans for the ‘most radical reform to the employment law system for decades’. The wide-ranging changes, which include reform of the tribunal system, the introduction of tribunal fees, ‘no fault’ dismissals for micro-companies, and reducing the consultation period for collective redundancies, were described by Business Secretary Vince Cable as ‘emphatically[…]
In Fraser v Southwest London St George’s Mental Health Trust the EAT has held that an employee on long-term sick leave must request annual leave in accordance with Reg 15 of the Working Time Regulations 1998 to be entitled to payment for it. Mr Justice Underhill, President of the EAT, considered this conclusion to be[…]
The Chartered Institute of Personnel and Development (CIPD) has made a Freedom of Information request for information on the number of employment tribunal claims relating to the right to request flexible working – the figures are not specified in the annual statistics for employment tribunals and the EAT for 2010/11. The figures obtained by the[…]
Employers Not Vicariously Liable for Whistleblowing Victimisation by Employees
LATEST NEWS Oct 29, 2011
In NHS Manchester v Fecitt and ors the Court of Appeal decided that the EAT was wrong to hold an employer vicariously liable for its employees victimising a whistleblower. The House of Lords has made clear that an employer can only be vicariously liable for the legal wrongs of its employees. As there is no[…]
In Johnson-Caswell v MJB (Partnership) Ltd an employment tribunal decided that an independent financial advisor (IFA) who was purportedly self-employed was in fact an employee. In the tribunal’s view, a key element pointing to employee status was the need to comply with Financial Service Authority (FSA) requirements. The tribunal considered that the training and supervision[…]
The EAT has decided in Cordell v Foreign and Commonwealth Office that there was neither direct disability discrimination, nor a failure to make reasonable adjustments, when the FCO refused to provide a team of ‘lipspeakers’ to support a deaf employee’s proposed role in Kazakhstan. The EAT noted that, while cost is not decisive in deciding[…]
Like the TUC we believe that the government reforms to employment law will affect those already vulnerable in the workplace: For the TUCcommentary go to: http://www.tuc.org.uk/workplace/tuc-19507-f0.cfm
The government has today announced its plan to increase the qualifying period for unfair dismissal to two years from April 2012. It claims that this will save £6 billion for British business. For the press release go to: http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=421449&SubjectId=2