News

The EAT considered whether the duty to make reasonable adjustments arose where a disabled employee refused to participate in an interview forming part of a redundancy process. The employee’s refusal was unconnected to his disability, but rather because he had lost confidence in his employer. Mr Hilaire suffered from depression and arthritis. As part of … Read more

There is a common misconception that a current or former employee is entitled to a ‘good’ reference or, more accurately, that an employer cannot make any negative comments about an employee.  This is simply wrong. The legal duties on employers in relation to references have been considered by the courts in a number of cases … Read more

In Hilco Capital Ltd v Harrington, the claimant was dismissed by her employer. She made a claim to the employment tribunal and succeeded in a complaint of unfair dismissal for whistleblowing. The claimant did not apply for any jobs in the period from her dismissal to the remedy hearing because she believed it would come … Read more

In Marangakis v Iceland Foods Limited [2022] EAT 161, the EAT considered whether an original dismissal still vanishes where an employee expressly no longer seeks reinstatement but continues with their appeal. Ms Marangakis was dismissed for alleged gross misconduct in January 2019 and appealed, indicating that she wished to be reinstated. Subsequently, she changed her … Read more

In the case Bathgate v Technip UK Ltd and others the Employment Appeal Tribunal has held a settlement agreement cannot compromise a discrimination claim that has not yet arisen. In this case the Claimant signed a voluntary redundancy agreement which settled his claims against his employer. There was a specific waiver which set out a … Read more

The Employment Appeal Tribunal (EAT) has ruled a dismissal was unfair when the Employer made the decision to dismiss the Claimant on the grounds that her contract was the first to expire which meant the pool for redundancy selection was reduced to one. The Claimant was a nurse employed through a series of fixed term … Read more

A maternity rights charity called ‘Pregnant Then Screwed’ has carried out a survey into dads and other parents who may take paternity leave. The findings have raised concerns and there is a strong argument to say paternity rights and benefits should be improved. 8 in 10 dads said that their employers are not doing enough … Read more

The Department for Education (DfE) has published an updated version of its statutory guidance to create ‘Keeping children safe in education 2022’. This guidance will come into effect from 1st September 2022. The changes to the previous document include: Additional information about domestic abuse; The importance of schools talking to parents and carers regarding a child’s access to … Read more

The Fawcett Society has released a new report on menopause and the workplace, published in April 2022. The report delves into women’s experiences at work and is the largest representative survey of menopausal women conducted in the UK. It says change is needed urgently as workplaces are failing menopausal women. Its key findings show: One in … Read more