Sacked for posting on Facebook: How would the sacking of Israel Folau be dealt with under UK Law?
Rugby Australia has sacked Australian rugby star Israel Folau because of what he said in a posting on Facebook. He wrote the following on his church’s Facebook page despite being warned not to do so.: “Drunks, homosexuals, adulterers, liars, fornicators, thieves, athiests and idolators – Hell awaits you”. We’ve posted on this very recently, so we are confident about how a UK...Read More 0
A one-off discriminatory act can attract a high level of compensation
What would the compensation be for a one-off discriminatory act? In discrimination law, one of the main compensation categories is ‘injury to feelings’. Injury to feelings is designed to compensate the employee for the effect the act(s) of discrimination had. There are three levels of compensation. These depend on the seriousness of discriminatory acts, known as the ‘Vento...Read More 0
Religious conversations and gross misconduct
Can religious conversations get employees into trouble for gross misconduct?This article looks into a Court of Appeal case about the NHS dismissing an employee who had religious discussions with patients. BackgroundUK law outlaws religious discrimination in the workplace. If an employee engages in it, disciplinary action could result. That could lead to a dismissal or...Read More 0
Is vegan discrimination a thing?
This article discusses whether courts and tribunals will agree that the Equality Act protects vegan discrimination following reports of a recent case.Read More 0
Personal injury damages for failing to provide a 20-minute break
Under the Working Time Regulations 1998 (WTR), workers are entitled to an unpaid 20-minute rest break after working six hours. During this 20-minute break, workers must not be required to perform any duties. We look at the recent case of Grange v Abellio London Ltd, where the EAT held that (1) An employer acts unlawfully by even not accommodating (as opposed to refusing) the 20-minute rest...Read More 0
Victimised music lecturer wins £180,000
The Equality Act 2010 forbids victimisation. The employee must show that they were subjected to some negative treatment, as a result of a protected act (discrimination). Wrongful dismissal is a breach of contract claim for unpaid notice pay. If an employer legitimately dismisses an employee for gross misconduct, they don’t have to pay the notice period. This article looks at the recent case of...Read More 0
Paternity rights and premature babies
This unique birth has highlighted the inadequate paternity rights fathers of premature babies have. They have to return to work after just 2 weeks’ leave. Their babies may be in hospital for long periods of time with many complications. The current paternity leave laws make no provision for this scenario. How do new dads cope? Firstly, the employee should have discussions with their...Read More 0
Can notice of dismissal be given by post?
Introduction 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, a 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. In writing is best, to avoid dispute about when...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
