Publications

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.

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. 

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.

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.

An Employment Tribunal has recently ruled that an employee had been fairly dismissed when he failed to attend his workplace due to Covid-19 concerns.

A poll carried out by the GMB union has found that 76% of the British public think that employer “fire and rehire” tactics should be banned.

This article reviews the cases of K v L and Leach v The Office of Communications and considers the impact these cases have on an employer’s ability to dismiss employees to protect against reputational damage.

The enforcement of gender pay gap reporting was suspended in 2020 as a result of the unprecedented times we found ourselves in due to COVID-19, meaning there was no expectation on employers to report their data.

Although social media has become an invaluable tool over the last decade for many businesses, for promoting a business, sharing ideas and creating opportunities, it has also become a platform for individuals to express their ideas, feelings and interests.

The Employment Appeal Tribunal has held that a senior NHS manager was indirectly discriminated on the grounds of her age as she was not able to secure two promotions because she was not a member of the Respondent’s ‘talent pool’.

In a ground breaking judgement, the Birmingham Employment Tribunal has ruled that non-binary and gender fluid people are protected under the Equality Act.

Following a consultation undertaken during May – July 2019, the Government announced in August 2020 that it was going to legislate for so-called Deferred Debt Agreements (DDAs) to be lawfully concluded between an LGPS Fund and an admitted employer.