Employment case law updates

 

Keep up to date with the very latest employment news

We'll be publishing regular updates on the very latest employment case law here.

Asda equal pay claim

Can Asda’s retail staff compare themselves to higher paid distribution staff for the purposes of an equal pay claim? The Issue Claimants who bring equal pay claims have a number of hurdles to overcome, the case of Asda Stores Ltd v Brierley and...

Shared parental leave sex discrimination claims

Can a man on Shared Parental Leave use a woman on Adoption Leave as a suitable comparator? The Issue The recent case of Price v Powys County Council (UKEAT/0133/20/LA) considers whether a man on Shared Parental Leave (ShPL) can use a woman on Adoption...

No right to carry-over payment for holiday which was taken but unpaid

Does an employee/worker have the right to payment for carry over holiday where the leave itself has been taken, albeit unpaid? The Facts This is the latest appeal arising from the dispute about the employment relationship between Mr Smith, the Claimant...

Reasonable Adjustments

Should an Employment Tribunal consider whether physical features and auxiliary aids could be a reasonable adjustment? The Issue The recent case of Mallon v Aecom Limited (UKEAT/0175/20/LA) considers whether the Employment Tribunal (ET) erred in law by...

Covert surveillance in the workplace - grounds for dismissal?

The Employment Appeal Tribunal (EAT) held that it was unfair to dismiss an employee who had installed a covert camera in his office to monitor his employer. The Issue In this Employment Appeal Tribunal (EAT) case, the Tribunal had to determine whether...

The importance of regular equal opportunities training

An employer cannot rely on the ‘all reasonable steps’ defence if its equal opportunity training has not been updated and therefore allowed to become ‘stale’. The Issue The recent case of Allay (UK) Ltd v Gehlen (UKEAT/0031/20/AT)...

Allegations of discrimination must be clear and concise

When making an allegation of discrimination, wording must be clear and unambiguous in order to amount to a protected act under Section 27 of the Equality Act 2010. The Issue The recent case of Chalmers v Airpoint Ltd & Others (UKEATS/0031/19/SS)...

Disclosure order made against a party outside Great Britain

Can an Employment Tribunal order disclosure by a party outside Great Britain? The Issue In the recent case of Sarnoff v YZ [2021] EWCA Civ 26, the Court of Appeal (CA) considered whether the Employment Tribunal (ET) can make an order requiring...

When an employee is not an employee

For the purposes of the Equality Act 2010 is an employee someone who has entered into a contract where they agree to do work personally? No – Held the Employment Appeals Tribunal in Alemi v Kady Mitchell and Orton Bushfield Medical Practice. The...

Disciplinary sanction as a result of trade union activity confirmed by the EAT to be unlawful

The Employment Appeals Tribunal confirms that an employee qualifies for protection under Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 is a question of fact to be decided by the employment tribunal and not the employer. ...
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