Publications

Kamahl Santamaria, a longstanding television journalist, was recently removed from a new broadcasting role after just 32 days amid accusations of sexual harassment.

Data subject access requests (DSARs) are increasingly being used by employees as a pre-litigation fishing expedition in the context of disciplinary or grievance procedures.

In the case of Bailey -v- Garden Court Chambers, an Employment Tribunal has found that Ms Bailey’s gender critical views, which included views about Stonewall’s campaigning on gender self-identity, were a protected belief under the Equality Act 2010.

Status is key in determining individual rights and protections and the new guidance aims to provide clarity to help both individuals know their rights and businesses understand their obligations.

In our October 2021 blog, we discussed the case of Kong v Gulf International Bank (UK) Limited. The Court of Appeal has now dismissed an appeal of the EAT decision by Ms Kong.

In July 2022 the Employment Appeal Tribunal (‘EAT’) held, in the case of Mackereth v The Department for Work and Pensions, that a doctor had not been unlawfully discriminated against by being required to call service users by their preferred pronouns, but that his belief that people cannot change their gender or sex and his lack of belief in “transgenderism” were protected philosophical beliefs under the Equality Act 2010.  

In a recent case before the Employment Appeal Tribunal (EAT), it was held that when considering a claim for constructive dismissal, a fundamental breach of contract can be found even where an employer’s actions do not indicate an intention to end the employment relationship.

The pandemic has changed the working world and influenced working practices. Last week, the UK’s largest four-day working week trial commenced, with more than 3,300 workers from 70 companies taking part. Unlike part-time working, where employees work less hours for reduced pay, the ‘4 Day Week Campaign’ will see employees work 80% of their usual hours for the same pay, with an expectation to maintain the same productivity and output levels that would be achieved over five days.

The Employment Appeal Tribunal (‘EAT’) has recently overturned a decision of the Employment Tribunal (‘ET’) which struck out a claim for unfair dismissal brought by an employee who was voluntarily redundant. The case emphasises that employers may still face liability for unfair dismissal, even where an employee has requested voluntary redundancy.

It was announced on 28 March 2022, by the Presidents of the Employment Tribunals, that the bands for injury to feelings awards, the so-called Vento Bands, are to be increased in England, Wales and Scotland. The new bands, as detailed below, are set to come into effect on or after 6 April 2022.

In the recent case of Law By Design Ltd v. Ali, the High Court confirmed that a 12 month non-compete restrictive covenant must be no wider than is necessary to protect the business interests, and can be more enforceable the more narrowly drawn the clause is.

In the recent case of Fentem v Outform EMEA Ltd, the EAT has confirmed that where an employee has resigned on notice, the bringing forward of their termination date and paying in lieu of notice, does not amount to a dismissal.