16 November 2018

Women and Equalities Committee launches inquiry into use of NDAs in harassment and discrimination cases

On 13 November 2018, the Women and Equalities Committee launched an inquiry into non-disclosure agreements (NDAs) in harassment and discrimination cases. The launch follows the committee’s recent inquiry into sexual harassment in the workplace which made recommendations to the government to address the unethical use of NDAs (see Legal update, Women and Equalities Committee report on…
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16 November 2018

Workers do not automatically lose right to payment in lieu of holidays if they did not seek to take the holiday

The ECJ has given judgment in two German cases relating to the right to a payment in lieu of accrued but untaken annual leave under Article 7 of the Working Time Directive (2003/88/EC) (WTD). The ECJ has held that under the WTD, and the Charter of Fundamental Rights (the Charter), a worker does not automatically…
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29 October 2018

When does a claimant become disabled?

Did a tribunal fail to apply the correct test when using the term “necessarily predicting” in assessing disability? No, says the EAT in Martin v University of Exeter. A preliminary hearing was held to determine the date on which the Claimant’s disability began and when it became long-term for the purposes of section 6 of…
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12 October 2018

Time Limits in the Tribunals

Can a tribunal decline to exercise its s.123 (1)(b) just and equitable discretion if it has made material errors in assessing the facts and explaining its reasons? No, held the EAT unanimously on the facts in Thompson v Ark Schools. Mrs Thompson brought complaints of unlawful pregnancy and maternity discrimination following the withdrawal of a…
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10 October 2018

10 – 10 -2018: World Mental Health Day – time to celebrate?

I am sure that more than on any other World Mental Health Day in history there are more people talking about mental health today than ever before. This can only be a good thing. Not a day goes by without me seeing something in the press or on social media talking about mental health and…
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20 September 2018

Proving disability in the tribunal

Can an employee prove disability without leading evidence on the impact of his impairment on normal day to day activities? Does an employer have constructive knowledge of disability if an employee has denied having one? No and no, held the EAT in Mutombo-Mpania v Angard Staffing Solutions Ltd. The claimant worked for an organisation providing…
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28 June 2018

Are general allegations about bullying and harassment whistleblowing? Not always.

In Kilraine v London Borough of Wandsworth, the Court of Appeal agreed with the Employment Tribunal that an employee did not make protected disclosures when she complained to her employer about bullying, harassment, inappropriate behaviour and lack of managerial support over a safeguarding issue.  The Court said that to consider whether a disclosure is protected,…
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14 June 2018

Grenfell: Why justice is only available to the few and not the many

On the anniversary of the Grenfell fire we are republishing the below blog which sets out our concerns about the general lack of legal funding in the UK.  This lack of funding no doubt played a part in this terrible tragedy and urgent change is required ………….. ‘Access Denied: Why justice is only available to…
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