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D-BRIEF – Employment & Pensions Blog: Employers should consider furlough as an alternative to redundancy rules the Employment Tribunal
The Employment Tribunal, in the case of Mhindurwa v Lovingangels Care Limited, has ruled that the Claimant in the matter, Mrs Mhindurwa had been unfairly dismissed due to the fact that her employer, Lovingangels Care Limited, had failed to consider furlough as a potential alternative to redundancy.
D-BRIEF – Employment & Pensions Blog: Maintaining previously higher pay for a different role not considered a reasonable adjustment
The Employment Appeal Tribunal in the case of Aleem v E-Act Academy Trust has ruled that providing an employee with her previous higher rate of pay when she moved to a different lower-paid job due to her disability was not considered to be a reasonable adjustment.
D-BRIEF – Employment & Pensions Blog: The burden of proof in Discrimination Cases under the Equality Act 2010
The case of Royal Mail Group Ltd v Efobi reviewed whether Section 136 (2) of the Equality Act 2010 (“Section 136 (2)”) had altered the burden of proof in employment cases alleging discrimination. Mr Efobi, the Claimant in this case, was arguing that the Equality Act had removed the burden of proof from Claimants to demonstrate that on the balance of possibilities, in the absence of an adequate explanation, an unlawful act of discrimination had been committed and instead created a neutral burden.
D-BRIEF – Employment & Pensions Blog: Government Response to Consultation on Sexual Harassment and New Duties for Employers
On 11 July 2019, the Government opened a consultation to review sexual harassment in the workplace on the back of the #metoo movement. That consultation closed on 2 October 2019 and given the intervening pandemic, the Government has only just released their response. This has confirmed that the Government intends to introduce a duty requiring employers to prevent sexual harassment.
D-BRIEF – Employment & Pensions Blog: Limitations to the Employer’s Justification Defence in a Disability Claim
Managing absent employees can be a long process, particularly where the absence is as a result of a disability. It can be tempting for employers to rely on medical evidence that is not current with a view to bringing matters to a close sooner but as the recent case of Brightman v TIAA Limited has held, this can have an impact on any later objective justification defence.
D-BRIEF – Employment & Pensions Blog: How to deal with allegations of having a toxic workplace
BrewDog, the craft brewers, have been in the media spotlight recently amidst allegations of having a toxic workplace culture and bullying claims from their employees. Media sources have indicated that BrewDog has apologised to its employees in light of these allegations; however, allegations of bullying or having a toxic workplace are something that can many employers can face from time to time. In this article we review the best ways for employers to deal with these allegations should they arise.
D-BRIEF – Employment & Pensions Blog: Gibson v Lothian Leisure: dismissals relating to health and safety of COVID-19
The Employment Tribunal has found that an employee had been unfairly dismissed for raising health and safety issues with their employer, about a lack of PPE or other workplace COVID- secure measures, during the COVID-19 pandemic.
D-BRIEF – Employment & Pensions Blog: Dobson v North Cumbria Integrated Care NHS Foundation Trust
A landmark ruling has recently been handed down by the President of the Employment Appeal Tribunal, in which Justice Choudhury, ruled that employment tribunal’s judgments must take childcare disparity into account, particularly in respect of indirect discrimination claims. 
D-BRIEF – Employment & Pensions Blog: Managing an Uncertain Summer with Employees and International Travel
The international travel ban in the UK, which has been in place for the majority of the COVID-19 pandemic, was lifted by the UK government on 17 May 2021. However, with the introduction of the government’s traffic light system on international travel, including the potential for quarantine or self-isolation requirements, it could be a difficult summer for employers to navigate.
D-BRIEF – Employment & Pensions Blog: Kane v Debmat Surfacing Ltd
An Employment Tribunal has found in favour of an employee, Mr Kane, in his claim for unfair dismissal, when his employer, Debmat Surfacing Ltd, took the decision to dismiss him, when he was allegedly seen at a pub during a period of sick leave from work.
D-BRIEF – Employment & Pensions Blog: Forstater v Centre for Global Development
The Employment Appeal Tribunal has recently handed down its decision in the case of Forstater v Centre for Global Development, which is going to have a considerable impact upon comments in relation to transgendered persons, harassment and free speech.
D-BRIEF – Employment & Pensions Blog: ACAS publishes new long COVID guidance for employers
In response to the rise of “long COVID” cases in the UK, ACAS has recently published new guidance on long COVID for both employers and employees/workers to consider.