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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14 June 2018

Just because you are labelled self-employed – doesn’t mean you are!


Employers cannot hide behind the label of independent contractor; the Tribunal will look at the actual relationship between the Claimant and the company to determine their true employment status. The Supreme Court has held that a plumber who exclusively worked for Pimlico Plumbers Limited for six years was a worker.  Mr Smith was hired as…
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29 May 2018

New guidance from ACAS on Religion or belief discrimination


ACAS has just issued new Guidance on Religion and Belief to promote better understanding, policies and practices in the workplace.  As well as providing a useful explanation of the law surrounding religion and belief discrimination, the guidance gives practical advice to both employees and employers on several issues that can arise.  ACAS advocates that it…
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24 May 2018

Female employee wins £24,000 in compensation for being discriminated against because of IVF treatment


If and what discrimination laws apply to women undergoing IVF treatment has in the past been a minefield.  There is no statutory right to time off to undertake IVF treatment or to receive enhanced sick leave if illness results as a side effect of the IVF treatment.  However, once the fertilised embryo is implanted into…
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17 May 2018

Court of Appeal agrees with the EAT on Grosset and section 15


  Can a dismissal amount to unfavourable treatment under section 15 of The Equality Act 2010 if the employer did not know that the disability was connected to the misconduct?   Yes, held the Court of Appeal in City of York Council v Grosset [2018] EWCA Civ 1105. Dismissal is plainly an act of unfavourable…
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15 March 2018

When is a disability not a disability?


Being ‘disabled’ is, amongst other things a legal term derived from the Equality Act 2010, which says ‘a person (P) has a disability if P has a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on P’s ability to carry out normal day-to-day activities. The decision as to whether…
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