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
Sexual harassment at work
Sexual harassment at work seems to have become an epidemic. According to a recent BBC survey, ‘a third of women are harassed at work.’ For all the progress that has been made on achieving equality, sexual harassment has the potential to undermine it all. Is it really that common? According to the TUC a huge 53% of women are said to have been subject to sexual harassment at work....Read More 0
Carers and sleep-ins – an important development
There has been a huge recent development which sleep-in carers across the country will want to be aware of, potentially changing the lives of carers everywhere. The case has even excited the interest of the newspapers. Should carers be paid the minimum wage during sleep-ins? There has been a wide range of academic opinion and conflicting cases. Some have argued that being paid the minimum wage...Read More 0
