Can notice of dismissal be given by post?
If an employer doesn’t follow the correct procedure with notice of dismissal then it gives rise to legal claims. Except in cases of gross misconduct, an dismissed employee has the right to their statutory or contractual notice period (whichever is greater). An employer can give notice of dismissal by email, letter or in person (but writing is best, to avoid dispute about when it...Read More 1
Will this Christmas job ad lead to employment claims?
We saw this job vacancy on the internet. You might ask what is wrong with seeking a bearded retiree to a deliver parcels by sleigh and be paid in mince pies and sherry – after all this has been the protocol for centuries! Well, it’s bound to lead to employment claims for this recruiter. Let’s take it apart: Discrimination The Equality Act requires a recruiter to consider a wide...Read More 0
Is veganism protected by discrimination laws?
For the first time, an employment tribunal will decide whether veganism is a ‘philosophical belief’. That will decide whether or not it can be protected under by the discrimination laws (the Equality Act 2010) for the purposes of discrimination, like a religious belief. Jordi Casamitjana (a vegan) claims that the League Against Cruel Sports dismissed him because he raised concerns that they...Read More 0
Lisa’s settlement agreement renegotiation
From time to time we tell you about a Birmingham employment law case we have recently dealt with. Our other stories are here. This is the story of Lisa, who was asked to leave (with a settlement agreement offering him £25,000) after 23 years. When an employee calls us to say that their employer has asked them to leave like this we direct them to our page on settlement agreements. We explain...Read More 0
Harassment at work: Context is everything
Harassment at work commonly leads to employment tribunal claims for discrimination. The employee must show that an individual suffered: (1) unwanted conduct (that is related to a protected characteristic (i.e. age, disability, gender reassignment, race, religion or belief, sex and sexual orientation); (2) that has the purpose or effect of violating dignity or creating an intimidating, hostile,...Read More 0
Could settlement agreement confidentiality clauses be banned?
The latest target of the #MeToo movement could be settlement agreement confidentiality. It is currently being reported that the Government is to examine use of NDAs in employment disputes. An NDA is a ‘Non Disclosure Agreement’, a legally-enforceable promise by an employee not to reveal, eg that they have suffered from discrimination or other breaches of employment rights. These...Read More 0
Gay cake and sexuality discrimination
Sexuality discrimination is outlawed both in the workplace and when buying goods and services. In order to prove direct discrimination, the employee or customer must show that the business treated them less favourably than they would have treated others because of one or more of what are known as the protected characteristics. These are age, disability, gender reassignment, marriage and civil...Read More 0
Not all disability-related poor treatment is discrimination
Dr Dunn accused his employer, the prison service, of disability-related poor treatment. He had been suffering from depression and a heart condition, both of which are disabilities under the Equality Act. He had absence because of depression for just over a month and after an occupational health report he returned to work. But a few months later he applied for early ill-health retirement...Read More 0
Resigning to claim constructive dismissal
An employee who wants to claim constructive dismissal must show (1) that their employer has committed a serious breach of contract; (2) that they have not’accepted’ the breach (acted as if it didn’t matter to them) but resigned in response to it; and (3) do it promptly. A recent High Court case looked at whether an employee who resigns on notice is seen to have accepted the...Read More 0
Professor sues Oxford University after “forced retirement”
A row over forced retirement has hit Oxford University, one of the most famous universities in the world. Famed for their elite facilities and higher-than-high standards, the Oxford University name commands respect for its quality and age. However, a recent breaking story has put the esteemed University into the headlines with a claim that the University has not respected the age of one of...Read More 0
